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Contracts in Use Survey 2010 - RICS

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Executive Summary<br />

The survey captured contract details represent<strong>in</strong>g only a disappo<strong>in</strong>t<strong>in</strong>g 3.9% of the value of new<br />

orders <strong>in</strong> <strong>2010</strong>. The conclusions should be read with this <strong>in</strong> m<strong>in</strong>d.<br />

• Over 97% of construction projects use a standard form of contract<br />

• 88% of projects used one of the JCT family of contracts, up from 79% <strong>in</strong> 2007 and 78% <strong>in</strong><br />

2004<br />

• All other forms of contract showed a reduction <strong>in</strong> usage<br />

• The JCT Intermediate Form with Quantities and the M<strong>in</strong>or Works Form showed the greatest<br />

<strong>in</strong>crease <strong>in</strong> use; the IFC was most commonly used on contracts of £250,000 to £1m value<br />

but the form was used on significant numbers of contracts up to £5m <strong>in</strong> value<br />

• The JCT M<strong>in</strong>or Works Build<strong>in</strong>g Contract is the most commonly used form of contract <strong>in</strong><br />

Great Brita<strong>in</strong><br />

• The JCT Design and Build Contract is the most commonly used contract for projects <strong>in</strong> the<br />

ranges of £500,000 to £10m and £20m to £50m<br />

• Some <strong>in</strong>crease has been captured <strong>in</strong> the use of the Major Project Construction Contract but<br />

only with projects <strong>in</strong> the £5-10m value range<br />

• The use of ICE forms of contract has been <strong>in</strong> decl<strong>in</strong>e over the last three surveys<br />

• Numerically the use of NEC contracts is largely unchanged but NEC now accounts for a<br />

larger value of projects with its greater use on projects over £5m <strong>in</strong> value<br />

• The use of GC/Works contracts has decl<strong>in</strong>ed sharply<br />

• The use of the ACA Standard Form of Project Partner<strong>in</strong>g has fallen away, particularly <strong>in</strong><br />

conjunction with higher value projects<br />

• The use of negotiated contracts has decl<strong>in</strong>ed from its peak <strong>in</strong> 2007<br />

• Two stage procurement has fallen back from the peak of its popularity <strong>in</strong> 2007<br />

• Little use cont<strong>in</strong>ues to be made of electronic tender<strong>in</strong>g arrangements<br />

• The number of projects secured under a framework arrangement has fallen compared to<br />

2007 but, <strong>in</strong> <strong>2010</strong>, frameworks were used on a higher value of projects and <strong>in</strong> conjunction<br />

with a wider spread of project sizes<br />

• The use of Bills of Quantities <strong>in</strong>creased <strong>in</strong> <strong>2010</strong> compared to 2007 and BQs are used <strong>in</strong><br />

almost 25% of build<strong>in</strong>g contracts<br />

• NEC Target contracts are now used <strong>in</strong> over 25% of contracts over £10m <strong>in</strong> value<br />

• Only three <strong>in</strong>stances have been recorded of the use of construction management (all on<br />

small projects) and no <strong>in</strong>stances recorded of management contract<strong>in</strong>g for the first time <strong>in</strong><br />

the survey’s history<br />

• Partner<strong>in</strong>g with the use of formal agreements and arrangements has decl<strong>in</strong>ed. Only 2% by<br />

number and value of recorded projects <strong>in</strong>volved any form of partner<strong>in</strong>g agreement or<br />

arrangement<br />

Page 6

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