While the standard forms of construction contract – NEC and JCT – aren’t perfect, in my opinion they provide a pretty good balance for both main contractors and sub-contractors. And until the adversarial contracting model changes to something much more collaborative, they allow both parties to share project risk.
These contracts are also what’s been agreed by the construction sector as a whole. Together, representatives from all parts of the supply chain decide what stays, what goes and what needs to be added.
So it’s always galling to see clauses that have absolutely nothing to do with the project specification or risks specific to that job added to a sub-contract. These additions aren’t minor either. They can run on to hundreds of additional clauses, scattered throughout the contract, and can have significant consequences for a sub-contractor. Continue Reading →