UK Construction Contracts Round-up - December 2018

New and updated standard form contracts

A number of the contracts bodies have issued new / new editions of contracts.

The NEC has published a free practice note explaining "how the NEC4 suite of contracts can be used to support the use of offsite modular construction". Noting how this method of construction can increase efficiency and cut costs, the guidance highlights the importance of the client starting with a procurement and contract strategy and engaging its supply chain. It explains how the NEC4 suite has a variety of contracts to suit a range of project needs and covers single point responsibility for onsite and offsite construction, design, quality, multiparty contracts, payment, title and information modelling. Click here to access the guidance. The Crown Commercial Service has also been working with the Infrastructure and Procurement Authority and BuildUK to produce a set of standard "boilerplate" amendments for use on UK public-sector NEC contracts. The aim is to improve public sector client contract management and risk transfer behaviours with BuildUK's promotion of fair contract terms. (Source: NEC news) The Royal Institute of British Architects (RIBA) has published 2018 editions of its Professional Services Contracts and Building Contracts. Click here to view the full suite of 2018 RIBA Professional Services Contracts. The Association for Consultancy and Engineering (ACE) and the Civil Engineering Contractors' Association (CECA) have issued new versions of the Infrastructure Conditions of Contract (ICC) as follows: the ICC Design and Construct Version, June 2018 (which revises the 2011 Design and Construct Version); the ICC Target Cost Version, June 2018; and the ICC Target Cost Version Guidance Notes, June 2018. New Guidance Notes have also been published to help with contract preparation and administration. The Construction Industry Council (CIC) has published a new suite of standard form collateral warranties, along with a new "ab initio" novation agreement. (Source: CIC news) Payment issues

Progress of the Construction (Retention Deposit Schemes) Bill has been further delayed. Introduced into Parliament by MP Peter Aldous in January 2018, it was scheduled to receive its second reading in the House of Commons on 23 November 2018, but has been postponed again - to 25 January 2018.

For the background to the bill, click here: " Aldous Bill" sets out proposed new legislation to protect retentions".

Contract law: case reviews

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