Powered by Lexis+®
Jurisdiction(s):
United Kingdom
CASE STUDY

“Although cost was an important factor, our relationship with LexisNexis, their responsiveness, flexibility, and the integration available with other products were key factors.”

Irwin Mitchell

Access all documents on Traditional contracting or procurement

Traditional contracting or procurement meaning

What does Traditional contracting or procurement mean?
Traditional contracting (traditional procurement, sometimes called design–bid–build) describes the route where the employer retains responsibility for design by directly appointing the professional team (architect/engineer and quantity surveyor) and lets a separate construction contract under which the contractor builds the works in accordance with that design. The term is a practice description, not defined by statute or case law, and is used consistently across England and Wales, Scotland, Northern Ireland and Ireland. Key features include: tendering on a largely complete design (often single-stage), price based on a lump sum with drawings/specification and/or bills of quantities, and limited contractor design obligations (typically temporary works or identified contractor-designed portions). Design liability remains with the consultants under their appointments; time, cost and construction risk sit principally with the contractor, subject to the standard extension-of-time and loss-and-expense/change mechanisms. Common standard forms include JCT/SBCC Standard Building Contracts, NEC4 ECC (e.g. Options B or C) and, in Ireland, RIAI building contracts and Public Works Contracts (PW-CF1 series). The route is chosen for design control and post-tender price certainty where the design is well developed, but may lengthen programmes and increase variation risk if tendered prematurely.
Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.

View the related Practice Notes about Traditional contracting or procurement

PRACTICE NOTES
Modern Methods of Construction: Legal and Contracting Guide to Procurement, ECI/DfMA, Frameworks, JCT/NEC/FAC-1, Risk, Warranties, Payment Security and Net Zero

Background The term ‘MMC’ The Ministry of Housing, Communities & Local Government’s specialist sub-group has produced a definition framework for MMC, setting out seven categories: Category 1-Pre-Manufacturing-3D primary structural systems Category 2-Pre-Manufacturing-2D primary structural systems Category 3-Pre-Manufacturing-Non systemised structural components Category 4-Pre-Manufacturing-Additive Manufacturing Category 5-Pre-Manufacturing-Non-structural assemblies and sub-assemblies Category 6-Traditional building product led site labour reduction/productivity improvements Category 7-Site process led labour reduction/productivity improvements The framework seeks to standardise and clarify how MMC is described, capturing the wide array of innovative construction approaches now used across the market. Further details can be found here. For practitioners, establishing whether your scheme uses MMC and how extensively it influences delivery is valuable-particularly for key contractual risks such as structuring payments, title or insolvency exposure, programme, design responsibility, addressing climate change, and handling issues like materials shortages or fire safety. Construction Sector trends The construction industry has witnessed marked progress in off-site delivery, reflecting MMC’s increasing...

Read More Right Arrow
PRACTICE NOTES
EPC/Turnkey Contracts: Key Features, Risk Allocation, Pricing, Performance, Liability Caps, Standard and Bespoke Forms (FIDIC Silver Book, ICC, IChemE, MF1), and Use in Project Finance and Process Plant

Comparison with traditional building or engineering contract The label ‘EPC’ contract (or ‘turnkey’ contract) is not a technical term. Perhaps the clearest way is first to set out how it diverges from other forms of agreement. A turnkey arrangement means that, once the project is finished and ready to pass to the user, it should need nothing more than the ‘turn of a key’ for the user to run it immediately. EPC denotes engineering, procurement and construction, and signals, in particular: a significant transfer of risk and responsibility placed on the contractor under such agreements, and a minimal need for the client to participate in the Works (beyond essential monitoring) in normal circumstances This contrasts with traditional domestic building or engineering contracts, where risks and duties (including those relating to design) are spread more evenly between contractor and client, and the client, through its representatives, may play a substantial role in decision making throughout the construction phase and programme. Many UK domestic...

Read More Right Arrow
PRACTICE NOTES
Construction law and procurement glossary—T: TCC, tendering, time bars, target cost, turnkey, Third Parties Act and FIDIC

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Taking-Over Certificate The certificate issued by the Engineer under a FIDIC form (or by the Employer under the Silver Book) confirming that the Works, or a Section, have reached the level of completion required by the contract, together with the date this milestone was met; akin to a JCT certificate of practical completion. See Practice Notes: FIDIC contracts 2017—time and FIDIC contracts (pre-2017 editions)—time. Taking off The noting of measured dimensions extracted from drawings or schedules. This is the initial step in assembling bills of quantities. Target cost contract A form of cost reimbursable contract where the contractor is paid the actual cost of delivering the works, subject to a target cost agreed by the parties at project commencement. At completion, an agreed mechanism/formula determines whether there were savings or an overrun—the contractor then either shares any saving...

Read More Right Arrow