Standard forms: JCT 2005, NEC3 and the Virtual ... - Fenwick Elliott

Standard forms: JCT 2005, NEC3 and the Virtual Contract
www.fenwickelliott.co.uk
the quantity surveyor or engineer that is carrying out the tendering procedure and thus
needs to identify the form of contract, will adopt a standard form which the professional
is most familiar with. This might mean that the procurement pathway remains relatively
traditional, albeit with some consultant specific “tweaks”, or it might be that the standard
form is inappropriate for the procurement pathway or the project.
Another aspect of the adoption of a standard form based on familiarity is the use of the
particular form in question. It is not uncommon for the contract administrator to administer
the contract in a particular way that bears little or no relationship to the contractual terms.
The contract administrator progressing on the basis that he or she has always done it in a
particular way for many years or decades in a mistaken understanding of the contractual
terms of any particular form. This is perhaps not the reason why old versions of contracts
are more frequently encountered. For example, while the more recent JCT 1998 versions
are frequently encountered, one is more likely to encounter the 6 th , or even the 5 th edition
of the ICE Form rather than the 7 th edition.
Procurement systems
The most frequently encountered procurement systems could be categorised in the
following manner:
• Traditional
• Sequential
• Accelerated
• Design and Build
• Direct
• Competitive
• Develop & Construct
• Management
• Management Contracting and Construction Management
• Design & Manage
• Contractor
• Consultant
The standard forms have developed to meet the needs of these procurement systems,
and more recently some have been developed to accommodate a specific development
to an existing procurement techniques. For example, prime contracting was developed
for the MoD, but is essentially built upon a design and build single point responsibility
procurement system. Other collaborative or partnering oriented standard forms such as
PPC 2000 still require the selection of the initial team by way of competitive tender or
negotiation, and the decision as to whether the contractor might be solely responsible
for design or design development (design and build), or the whether the project will be
approached from a tradition perspective with a separate “employer led” design team.
4