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this comprehensive suite of contracts in order to help deliver efficiencies across
the public sector and promote behaviours which align with the principles of
Achieving Excellence in Construction.
Chartered Institute of Building (CIOB): www.ciob.org
The CIOB Contract for Complex Projects was launched in May 2013 and is a new
form of contract devised for use on larger projects for use by experienced clients.
It uses a ‘plain English’ approach and it is anticipated that it will be favoured
internationally, where FIDIC is seen as overcomplicated, and in the UK for those
who choose not to use JCT contracts. With the NEC3 favoured by the public sector
and JCT delivering numerous options, it is difficult to predict who might use this
contract. Furthermore, it is not aligned with any professional services contracts.
International Federation of Consulting Engineers (FIDIC): http://fidic.org
FIDIC developed the Conditions of Contract First Edition: Red Book to allow
international contracting standards to be introduced throughout the world,
particularly in locations where standard forms of contract did not exist or were
in a format unsuitable for use by international contractors and consultants,
and to enable engineers to consistently deliver projects. This agreement is
predominately used on large international engineering and building projects.
GC/Works (formerly, Government Conditions)
This suite of standard Government conditions of contract (GC Works) was
created primarily for government projects and they are still available although
they are no longer being updated. The majority of Government contracts now
adopt the NEC3 outlined above.
Collaborative project team contracts
Another means by which a client can contract with the design team and the
contractor is to utilise a partnering or collaborative contract. The two commonly
used contracts that achieve this, along with their pros and cons, are set out
below. These contracts are either constructed in a manner that enables them to
be used to appoint any member of the project team or devised as multi-party
contracts in which all the core members of the project team sign up to the same
terms and conditions.
Collaborative working and problem-solving methods are a core component of
such contracts and they may also include means of measuring performance or
setting out the client’s goals and objectives. Some clients have traditionally used
standard forms of contract and asked project team members to sign a non-binding
collaborative ‘contract’. Collaborative contracts take this principle a stage further
with the commitments made binding.
www.ribaplanofwork.com