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The Joint Contracts Tribunal (JCT) is to publish a new contract for pre-construction services.
The new agreement, which will be available from November 2008, will have separate versions for the appointment of a general contractor and a specialist for pre-construction services.
The Pre-Construction Services Agreement is designed for the interim appointment of a general contractor by the employer to carry out pre-construction services, under a two-stage tendering procedure. The appointment follows first stage tenders and covers the period leading up to the contractor's submission of a definitive second stage tender and entry into the main contract for the construction phase.
The appointment will enable the contractor to assist the consultant team with the development of detailed designs and development of the main contract works and specialist tender documents. The contractor's involvement at pre-construction stage is widely viewed as being valuable and often essential in the final design process and preparations for the construction phase, including the programme, cost plans, buildability and specialist procurement.
The Pre-Construction Services Agreement is designed for the interim appointment of a specialist to carry out pre-construction services for either the employer or the actual or prospective main contractor. This version of the agreement is likely to be used on substantial or complex projects prior to entry into sub-contracts for construction or installation work.
The appointment will enable the specialist to be involved and give advice during the pre-construction period. It is at this time, not during the construction phase, that the purchaser, assisted by the contractor and relevant specialists, is able to derive the greatest benefits from value engineering exercises.
Either version of the agreement can be used whether or not the specialist or contractor is to be responsible for design work but, unless otherwise agreed in the provision of services, any liability will only arise once a contract for the construction works is executed or, additionally, in the case of a specialist, a collateral warranty with the employer has been executed. It can also be used by both private and local authority employers.
(CD/JM)
