PC5.5 - Forms of contract and sub-contract, design responsibility and third party rights

Standard Contract (JCT, NEC, etc)

Modified Contract (e.g. JCT with bespoke clauses)

Bespoke Contracts

To ensure obligations and liabilities are mirrored up and down the supply chain.

Allows for the provision of Pay-When-Paid Clauses.

Creates mirrored liability between consultants.

They are 'implied terms' in that they derive meaning from elsewhere.

Same

Less

Does not matter

End User and Plumber

Architect and Occupant

Developer and Plumber

Local Authority and Architect

A form of Design and Build Contract

A request for novated design services for specific packages

Small packages where the contractor takes the design responsibility for a specific scope of works in addition to the construction

Contractors should avoid design at all costs