Accessibility navigation


Construction management contracts: law and practice

Downloads

Downloads per month over past year

Hughes, W. (1997) Construction management contracts: law and practice. Engineering, Construction and Architectural Management, 4 (1). pp. 59-79. ISSN 0969-9988

[img] Text - Accepted Version
· Please see our End User Agreement before downloading.

81Kb

To link to this article DOI: 10.1108/eb021040

Abstract/Summary

The context of construction management (CM) reveals that this method of procurement is as much a management philosophy as a contract structure. It is important to consider legal and contractual issues in this context. The interplay between management and law is complex and often misunderstood. Before considering specific issues, the use of contractual remedies in business agreements is discussed. In addition, the extent to which standardising a form of contract detracts or contributes to the success of projects is also considered. The dearth of judicial decisions, and the lack of a standard form, render it difficult to be specific about legal issues. Therefore, the main discussion of legal issues is centred around a recently completed research project which involved eliciting the views of a cross-section of experienced construction management clients, consultants and trade contractors. These interviews are used as the basis for highlighting some of the most important legal points to consider when setting up CM projects. The interviews revealed that the advantage of CM is the proximity of the client to the trade contractors and the disadvantage is that it depends on a high degree of professionalism and experience; qualities which are unfortunately difficult to find in the UK construction industry.

Item Type:Article
Refereed:Yes
Divisions:Faculty of Science > School of Construction Management and Engineering > Business Innovation in Construction
ID Code:4283
Uncontrolled Keywords:construction management, contract drafting, law, procurement, risk apportionment
Publisher:Emerald

Download Statistics for this item.

University Staff: Request a correction | Centaur Editors: Update this record

Page navigation