Pre-construction services agreements: key drafting issues and checklist, including two-stage tendering, design liability, Building Safety Act Gateway 2, HGCRA payment compliance, insurance, collateral warranties, assignment, termination and adjudication

Published by a LexisNexis Construction expert

Checklists

This checklist identifies the principal points to bear in mind when preparing or assessing a pre-construction services agreement (PCSA). Remember that the content and scope of any PCSA will hinge on the services the contractor is to deliver and the expected length of the pre-construction phase. Consequently, the drafting may differ significantly. For further detail on PCSAs, see Practice Note: Pre-construction services agreements. PCSAs generally draw together aspects from several sources. Core terms are akin to those used in a letter of intent, but with added provisions to address liaising with other parties and preliminary works taking place on site. By contrast with a letter of intent, a PCSA is set out as a conventional legal agreement, with distinct sections for the parties and for recitals.

A letter of intent
A consultant’s appointment
A building contract

Key issues and clauses • Background

A PCSA should include a recitals or background section that explains the basis for the appointment and the parties’ intentions...

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Web page updated on 20/05/2026

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