Dr David Mosey
June 2011
A paper presented to the Society of Construction Law at a meeting in London on 13th April 2010
What advantages are there in structures which involve main contractors in procurement earlier than under the traditional processes of single-stage tendering? Dr David Mosey of Trowers & Hamlins, the principal drafter of PPC 2000, argues in favour of a conditional pre-construction phase contract. He seeks to show that even in a time of recession, there are gains to be made for all parties if contractors and others can be involved in the development of a project ahead of completion of its design; and that contractual structures are desirable and available for this pre-construction phase which will encourage the building of a team and the pooling of its members' positive contributions, at the same time properly protecting the employer.
Partnering in the recession - What is wrong with single-stage tendering? - Origins of claims - When are contracts normally signed? - Early contractor procurement and integrated processes - An agreement to agree? - What is the proper role of a building contract? - Is it good to talk? - So does early contractor procurement work? - Early contractor procurement and pricing - Is early contractor procurement EU-compliant? - Is there an 'early contractor procurement' contract? - Conclusions.
The author: Dr David Mosey is a partner and Head of Projects and Construction at city and international solicitors Trowers and Hamlins LLP in London.
Text 14 pages.