The standardization of contracts for construction
Hughes, W. and Greenwood, D.G. (1996) The standardization of contracts for construction. International Construction Law Review, 13 (2). pp. 196-206. ISSN 0265-1416
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Contracts are put to a wide variety of uses. Those who draft construction contracts in the UK rarely consider all of the potential uses and therefore may produce documents that are less than ideal. The various uses are considered in their theoretical background before turning to the practical difficulties often encountered in trying to fulfil such diverse aims. The question of standardisation is examined within this context. Existing standard forms of contract in the UK are found to do little to overcome these difficulties, and this encourages either a significant level of amendment to the standards or experienced clients to draft their own forms. The solution is an approach to contract drafting which is designed to offer a compromise; better standard forms, based on the lessons learned from the drafting of non-standard forms and a pooling of experience, including that of lawyers, in the drafting process. Although this paper is based upon the experience of the UK, these conclusions are relevant for contract-drafting practice in general.
Beale, H. and Dugdale, A. Contracts between businessmen: planning and the use of contractual remedies. British Journal of Law and Society,1975, 2, 45-60. Bennett, J. International Construction Project Management. Butterworth-Heinneman. London, 1991. Bill, P. Customer services. Building 28 July 1995, 26-27. Bingham, A. Discount miscount. Building. 4 August 1995, 34. British Property Federation. Manual of the BPF System. British Property Federation; London, 1983. Cooter, R. Unity in tort, contract, and property: the model of precaution. California Law Review, Jan 1985, 73(2), 1-51. Cornes, D. New Builder, 31 January 1991, p.20. Galbraith, J., Designing complex organisations. Reading, Mass., Addison-Wesley, 1973. Gray, C., and Flanagan, R. The changing role of Specialist and Trade Contractors. Chartered Institute of Building, Ascot 1989. Greenwood, D. J. Contractual Arrangements and Conditions of Contract for the Engagement of Specialist Engineering Contractors for Construction Projects. University of Northumbria at Newcastle. 1993. The Institution of Civil Engineers, Civil Engineering Standard Method of Measurement, 3rd Edition. Thomas Telford. London, 1991; also see The Standard Method of Measurement of Building Works: Seventh Edition. Authorised by agreement between the Royal Institution of Chartered Surveyors and the Building Employers Confederation. NBS Services Ltd. Newcastle-upon-Tyne, 1988. Joint Contracts Tribunal. The use of standard forms of building contract. RIBA Publications; London, 1989. Latham M. Constructing The Team. The final report of the Government /Industry review of procurement and contractual arrangements in the UK construction industry. London; HMSO, 1994. Lloyd, H. Time extensions and damages for delay. Building. 2 June 1989, 32. McGowan, P.H., Horner, R.M.W., Jones, D. and Thompson, P.A. Allocation and Evaluation of Risk in Construction Contracts, CIOB Occasional Paper No 52, Ascot; The Chartered Institute of Building, 1992. Posner, R.A. and Rosenfield, A.M. Impossibility and related doctrines in contract law: an economic analysis, Journal of Legal Studies,1977, 6, 83-118. Thompson, P.A. and Perry, J.G. (eds) Engineering construction risks: a guide to project risk analysis and risk management. Thomas Telford. 1992. Uff, J. (1994) Contract Documents and the Division of Risk, in Risk Management & Procurement in Construction: Proceedings of the 7th Annual Conference, Centre for Construction Law and Management, King's College, London,1994. Wearne, S.H. (1992) Contract administration and project risks, International Journal of Project Management, 10(1), February 1992