Construction management contracts: law and practice
Hughes, W. (1997) Construction management contracts: law and practice. Engineering, Construction and Architectural Management, 4 (1). pp. 59-79. ISSN 0969-9988
To link to this item DOI: 10.1108/eb021040
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.
Banwell, G.H. (1964) The placing and management of contracts for building and civil engineering works. HMSO; London. Bingham, A (1992) A case to get you all steamed up. Building 3 Jul, 36. Chappell, D (1989) Is it worth suing an architect? Building Today 2 Feb, 24-25 Greenwood, D.J. (1993) Contractual arrangements and conditions of contract for the engagement of specialist engineering contractors for construction projects. CASEC; London. Hughes, W.P., Gray, C. And Murdoch, J. (1995) Effective specialist and trade contracting. CIRIA (in press) Institution of Civil Engineers (1994) New Engineering Contract. Thomas Telford; London. Latham, M. (1994) Constructing the team: final report of the government/industry review of procurement and contractual arrangements in the UK construction industry. HMSO; London. Murdoch, J R and Hughes, W P (1996) Construction contracts: law and management. 2ed. Spon’s; London. Rougvie, A (1987) Project evaluation and development. Mitchell’s; London.