Construction contract - Revision history

Designing Buildings at 11:00, 18 July 2024

2024-07-18T11:00:08Z

← Older revision		Revision as of 11:00, 18 July 2024
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	For more information see: Sub-contractor.		For more information see: Sub-contractor.
		+
		+	= Housing Grants, Construction and Regeneration Act =
		+
		+	[https://www.legislation.gov.uk/ukpga/1996/53/contents The Housing Grants, Construction and Regeneration Act 1996] (HGRA - also known as the Construction Act) is intended to ensure that payments are made promptly throughout the supply chain and that disputes are resolved swiftly.
		+
		+	Provisions of the act include:
		+
		+	* The right to be paid in interim, periodic or stage payments.
		+	* The right to be informed of the amount due, or any amounts to be withheld.
		+	* The right to suspend performance for non-payment.
		+	* The right to adjudication.
		+	* Disallowing pay when paid clauses.
		+
		+	The Act applies to all contracts for 'construction operations' (including construction contracts and consultants' appointments). If contracts fail to comply with the act, then the Scheme for Construction Contracts applies.
		+
		+	For more information see: Housing Grants, Construction and Regeneration Act HGRA.

	= Related articles on Designing Buildings =		= Related articles on Designing Buildings =
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	* FIDIC.		* FIDIC.
	* Forward contract.		* Forward contract.
		+	* Housing Grants, Construction and Regeneration Act HGRA.
	* Hybrid construction contract.		* Hybrid construction contract.
	* Intermediate building contract		* Intermediate building contract
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	* PPC 2000.		* PPC 2000.
	* Reserved contract.		* Reserved contract.
		+	* Scheme for construction contracts
	* Tender documentation for construction projects.		* Tender documentation for construction projects.
	* Traditional contract for construction.		* Traditional contract for construction.
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	* [https://www.projectcubicle.com/construction-contract-types/ Construction Contract Types Explained]		* [https://www.projectcubicle.com/construction-contract-types/ Construction Contract Types Explained]

−	~~[[Category:Articles_needing_more_work]]~~ [[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:Definitions]] [[Category:Construction_management]] [[Category:Contracts_/_payment]] [[Category:Procurement]]	+	[[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:Definitions]] [[Category:Construction_management]] [[Category:Contracts_/_payment]] [[Category:Procurement]]

Editor at 17:27, 20 June 2024

2024-06-20T17:27:10Z

← Older revision		Revision as of 17:27, 20 June 2024
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	* [[Complex_projects_contract\|CPC 2013: CIOB Contract for use with Complex Projects.]]		* [[Complex_projects_contract\|CPC 2013: CIOB Contract for use with Complex Projects.]]
		+	* CIOB Facilities Management Contract.

	== FIDIC (Fédération Internationale des Ingénieurs-Conseils) ==		== FIDIC (Fédération Internationale des Ingénieurs-Conseils) ==
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	* [https://www.projectcubicle.com/construction-contract-types/ Construction Contract Types Explained]		* [https://www.projectcubicle.com/construction-contract-types/ Construction Contract Types Explained]

−	[[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:Definitions]] [[Category:Construction_management]] [[Category:Contracts_/_payment]] [[Category:Procurement]]	+	[[Category:Articles_needing_more_work]] [[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:Definitions]] [[Category:Construction_management]] [[Category:Contracts_/_payment]] [[Category:Procurement]]

Designing Buildings at 16:42, 10 November 2022

2022-11-10T16:42:05Z

← Older revision		Revision as of 16:42, 10 November 2022
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	* PPC 2000.		* PPC 2000.
	* Reserved contract.		* Reserved contract.
−	* Standard form of contract.
	* Tender documentation for construction projects.		* Tender documentation for construction projects.
	* Traditional contract for construction.		* Traditional contract for construction.

Designing Buildings at 16:41, 10 November 2022

2022-11-10T16:41:42Z

← Older revision		Revision as of 16:41, 10 November 2022
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	== FIDIC (Fédération Internationale des Ingénieurs-Conseils) ==		== FIDIC (Fédération Internationale des Ingénieurs-Conseils) ==

−	~~FIDIC's core suite~~ of ~~contracts includes~~:	+	* Conditions of Contract for Construction for Building and Engineering Works Designed by the Employer: The Construction Contract
−		+	* Conditions of Contract for Construction for Building and Engineering Works Designed by the Employer (MDB Harmonised Edition) - for bank financed projects only: The MDB Construction Contract
−	* Conditions of Contract for Construction. The ~~Red Book.~~	+	* Conditions of Contract for Plant and Design-Build for Electrical and Mechanical Plant and for Building and Engineering Works Designed by the Contractor: The Plant and Design-Build Contract
−	* Conditions of Contract for Plant ~~&~~ Design-Build. The ~~Yellow Book.~~	+	* Conditions of Contract for EPC/Turnkey Projects: The EPC/Turnkey Contract
−	* Conditions of Contract for EPC Turnkey Projects. The ~~Silver Book.~~	+	* Short Form of Contract: The Short Form
−	* ~~The~~ Short Form of Contract. The ~~Green Book.~~	+	* Dredgers Contract (based on the Short Form of Contract): Dredgers Contract

	== NEC (The New Engineering Contract): Engineering and Construction Contract) ==		== NEC (The New Engineering Contract): Engineering and Construction Contract) ==

−	* ~~[[NEC_Option_A~~:~~_Priced_contract_with_activity_schedule\|Option A~~: ~~Priced contract with activity schedule.]]~~	+	* NEC4: Alliance Contract
−	* ~~[[NEC_Option_B~~:~~_Priced_contract_with_bill_of_quantities\|Option B~~: ~~Priced contract with bill of quantities.]]~~	+	* NEC4: Design Build and Operate Contract
−	* ~~[[NEC_Option_C~~:~~_Target_contract_with_activity_schedule\|Option C~~: ~~Target contract with activity schedule.]]~~	+	* NEC4: Dispute Resolution Service Contract
−	* ~~[[NEC_Option_D~~:~~_Target_contract_with_bill_of_quantities\|Option D~~: ~~Target contract with bill of quantities.]]~~	+	* NEC4: Engineering and Construction Contract
−	* ~~[[NEC_Option_E~~:~~_Cost_reimbursable_contract\|Option E~~: ~~Cost reimbursable contract.]]~~	+	* NEC4: Engineering and Construction Short Contract
−	* ~~[[NEC_Option_F~~:~~_Management_contract\|Option F~~: ~~Management contract.]]~~	+	* NEC4: Engineering and Construction Short Subcontract
−	* ~~[[Term_contract\|Option G~~: Term ~~contract.]]~~	+	* NEC4: Facilities Management Contract
		+	* NEC4: Facilities Management Short Contract
		+	* NEC4: Facilities Management Short Subcontract
		+	* NEC4: Facilities Management Subcontract
		+	* NEC4: Framework Contract
		+	* NEC4: Professional Service Contract
		+	* NEC4: Professional Service Short Contract
		+	* NEC4: Professional Service Subcontract
		+	* NEC4: Supply Contract
		+	* NEC4: Supply Short Contract
		+	* NEC4: Term Service Contract
		+	* NEC4: Term Service Short Contract
		+	* NEC4: Term Service Subcontract

−	For more information, see ~~NEC3~~.	+	For more information, see NEC.

	= Other forms of contract =		= Other forms of contract =
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	Other less commonly used forms of contract include:		Other less commonly used forms of contract include:

−	* The GC Works suite of standard government conditions of contract are no longer being updated by the government who are now moving to the New Engineering Contracts~~, now in their third edition NEC3~~. See GC Works for more information.	+	* The GC Works suite of standard government conditions of contract are no longer being updated by the government who are now moving to the New Engineering Contracts. See GC Works for more information.
	* IChemE (The Institution of Chemical Engineers) forms of contract.		* IChemE (The Institution of Chemical Engineers) forms of contract.
	* ICC Infrastructure Conditions of Contract. A relaunch of CoC (see below)		* ICC Infrastructure Conditions of Contract. A relaunch of CoC (see below)
−	* The ICE Conditions of Contract (CoC) (previously maintained by the Institution of Civil Engineers) ~~have been~~ withdrawn in favour of NEC contracts. See ICE Conditions of Contract for more information.	+	* The ICE Conditions of Contract (CoC) (previously maintained by the Institution of Civil Engineers) - now withdrawn in favour of NEC contracts. See ICE Conditions of Contract for more information.
−	* ~~[http://www.theiet.org/resources/model-forms/~~ IMechE/IET] (The Institution of Mechanical Engineers / The Institution of Engineering Technology) Model Forms of General Conditions of Contract for electrical works (MF/1-4).	+	* IMechE/IET (The Institution of Mechanical Engineers / The Institution of Engineering Technology) Model Forms of General Conditions of Contract for electrical works (MF/1-4).
−	* ~~[http://www.ceca.co.uk/publications.aspx~~ The Civil Engineering Contractors' Association] (CECA) subcontracts for the ICC (above).	+	* The Civil Engineering Contractors' Association (CECA) subcontracts for the ICC (above).

	= Contract conditions =		= Contract conditions =
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	* Agreement.		* Agreement.
	* Bespoke construction contract.		* Bespoke construction contract.
−	* Complex project.
	* Concession Contracts Regulations.		* Concession Contracts Regulations.
	* Construction contractor.		* Construction contractor.
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	* Contractual right.		* Contractual right.
	* Core clause.		* Core clause.
−	* Equitable assignment..
	* FIDIC.		* FIDIC.
	* Forward contract.		* Forward contract.
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	* JCT		* JCT
	* Job order contracting.		* Job order contracting.
−	* Lump sum contract.
−	* Maintenance contract.
−	* Management contractor.
	* Memorandum of understanding.		* Memorandum of understanding.
−	* Minor works.
	* Model Services Contract MSC.		* Model Services Contract MSC.
	* Modifying clauses in standard forms of construction contract.		* Modifying clauses in standard forms of construction contract.
−	* ~~NEC3~~	+	* NEC.
−	* NEC4.	+
−	* NEC4 Facilities Management Contract.	+
	* Onerous contract.		* Onerous contract.
	* PPC 2000.		* PPC 2000.
	* Reserved contract.		* Reserved contract.
−	* Risk allocation.
	* Standard form of contract.		* Standard form of contract.
	* Tender documentation for construction projects.		* Tender documentation for construction projects.

Designing Buildings at 16:28, 10 November 2022

2022-11-10T16:28:34Z

← Older revision		Revision as of 16:28, 10 November 2022
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−	[[File:Contract-~~ga27c0c345 1280~~.jpg]]	+	[[File:Contract-ga27c0c345_1280.jpg\|link=File:Contract-ga27c0c345_1280.jpg]]

	= Introduction =		= Introduction =
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	== JCT (The Joint Contracts Tribunal) ==		== JCT (The Joint Contracts Tribunal) ==

−	* ~~DB: [[JCT_Design_and_Build_Contract\|Design and build contract.]]~~	+	* Standard Building Contract
−	* ~~CE: [[Constructing_Excellence_contract\|Constructing Excellence contract.]]~~	+	* Intermediate Building Contract
−	* ~~CM: [[Construction_management_contract\|~~Construction ~~management contract.]]~~	+	* Minor Works Building Contract
−	* ~~IFC: [[Intermediate_building_contract\|Intermediate form of building contract.]]~~	+	* Major Project Construction Contract
−	* ~~MC: [[Management_Building_Contract\|~~Management ~~building contract.]]~~	+	* Design and Build Contract
−	* ~~MTC: Measured term contract.~~	+	* Management Building Contract
−	* ~~MW: [[JCT_minor_works_building_contract\|Agreement for minor work.]]~~	+	* Construction Management Contract
−	* ~~PCC: [[Prime_cost_contract\|Prime cost building contract.]]~~	+	* JCT-CE Contract
−	* ~~MP: [[Major_project_construction_contract\|Major project construction contract.]]~~	+	* Measured Term Contract
−	* ~~RM: [[Repair_and_maintenance_contract\|~~Repair ~~and maintenance contract (commercial).]]~~	+	* Prime Cost Building Contract
−	* SBC: Standard Building Contract.	+	* Repair & Maintenance Contract

	== [[Association_of_Consultant_Architects_ACA\|ACA (Association of Consultant Architects)]] ==		== [[Association_of_Consultant_Architects_ACA\|ACA (Association of Consultant Architects)]] ==

−	* Form of ~~building agreement.~~	+	* ACA Form of Building Agreement
−	* ~~PPC: Standard form~~ of ~~contract for project partnering.~~	+	* ACA Form of Subcontract
−	* SPC~~: [~~[~~SPC_2000\|Standard form of specialist contract for project partnering.]~~]	+	* PPC2000 (Amended 2013)
		+	* TPC2005 (Amended 2008)
		+	* SPC2000 (Amended 2008)
		+	* STPC2005 Issued 2010
		+	* SPC2000 Short Form [Issued 2010]
		+	* PPC International – For Project Partnering Overseas
		+	* SPC International
		+	* PPC (S)2000 – Scottish Supplement to Ppc2000
		+	* PPC2000 – [Amended 2003]
		+	* PPC2000 (Amended 2008)
		+	* FAC-1 Framework Alliance Contract
		+	* TAC-1 Framework Alliance Contract
		+	* FAC-1 – Spanish – Contrato Marco De Alianza

	== Chartered Institute of Building ==		== Chartered Institute of Building ==

Designing Buildings at 16:19, 10 November 2022

2022-11-10T16:19:58Z

← Older revision		Revision as of 16:19, 10 November 2022
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		+	[[File:Contract-ga27c0c345 1280.jpg]]
		+
	= Introduction =		= Introduction =

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	For more information see: Pre-construction services agreements.		For more information see: Pre-construction services agreements.
		+
		+	= Sub contracts =
		+
		+	As buildings become increasingly complicated, so it becomes less and less likely that any one contractor will have the required skills to carry out all of the works necessary to construct them, and it may not make good commercial sense to take on new employees for one project that would then have to be laid off for the next.
		+
		+	Increasingly therefore, contractors will use sub-contractors to carry out particular elements of the works. This has lead to the creation of a wide range of sub-contracts.
		+
		+	For more information see: Sub-contractor.

	= Related articles on Designing Buildings =		= Related articles on Designing Buildings =

Designing Buildings at 16:17, 10 November 2022

2022-11-10T16:17:44Z

← Older revision		Revision as of 16:17, 10 November 2022
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−	~~This article refers to the contract for the main contractor to construct the works (and on some contracts also to design, operate and finance the project).~~	+	= Introduction =

−	For agreements for the appointment of consultants, independent client advisers, site inspectorate, project managers, client representatives, etc., see the article on Appointing consultants.	+	This article refers to the contract for the main contractor to construct the works (and on some contracts also to design, operate and finance the project). For agreements for the appointment of consultants, independent client advisers, site inspectorate, project managers, client representatives, etc., see the article on Appointing consultants.

−	= ~~Introduction~~ =	+	= What is a construction contract? =
		+
		+	The classic 19th-century definition of a contract is 'a promise or set of promises which the law will enforce' (ref. Pollock, Principles of Contract 13th edition). That is, there is reciprocity of undertaking passing between the promisor and the promisee. In a contract, the rights and obligations are created by the acts of agreement between the parties to the contractual arrangement.
		+
		+	Construction contracts are agreements between a client or employer and a contractor or other supplier to carry out works in relation to a construction project.
		+
		+	= How is a construction contract procured? =
		+
		+	The National Construction Contracts and Law Report 2018, published by NBS, suggested the following mix of procurement routes in the construction industry:
		+
		+	* Traditional procurement 46%
		+	* Design and build 41%
		+	* Partnering / alliancing 3%
		+	* Construction management 3%
		+	* Contractor approved without any tender process 2%
		+	* Measured term 1%
		+	* PFI / PPP 1%
		+	* Cost plus 1%
		+	* Management contracting 1%
		+
		+	For more information see: What is the most common procurement route?
		+
		+	The 'traditional' procurement route is a single-stage process, where the design is developed in detail by a consultant team working for the client and a contractor is then appointed under a lump-sum construction contract.

−	~~The classic 19th-century definition of a~~ contract is 'a promise or set of promises which the law will enforce' (ref. Pollock, Principles of Contract 13th edition). That is, there is reciprocity of undertaking passing between the promisor and the promisee.	+	For more information see: Traditional contract.

−	~~In a contract, the rights and obligations~~ are ~~created by~~ the ~~acts~~ of ~~agreement between the parties to the contractual arrangement.~~	+	= What are the main types of construction contract? =

−	In the procurement of construction, contracts ~~can be~~:	+	In the procurement of construction, contracts are generally:

	* Standard forms.		* Standard forms.
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	* Bespoke.		* Bespoke.

−	= ~~Standard~~ forms of contract in ~~common use for~~ construction in the UK =	+	= What are the main standard forms of construction contract in the UK? =
		+
		+	English law does not require a particular form to contracts, therefore the terms and ultimately the risk allocation is the choice of the parties involved. Standard Form Contracts (SFC) aim to minimise the time and cost of negotiating contracts. Some of the the main standard forms of construction contract in the UK are listed below.

	== JCT (The Joint Contracts Tribunal) ==		== JCT (The Joint Contracts Tribunal) ==
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	* RM: [[Repair_and_maintenance_contract\|Repair and maintenance contract (commercial).]]		* RM: [[Repair_and_maintenance_contract\|Repair and maintenance contract (commercial).]]
	* SBC: Standard Building Contract.		* SBC: Standard Building Contract.
−
−	NB: The JCT traditional forms of contract remain by far the most popular forms of contract in the UK (ref. NBS: [http://www.thenbs.com/topics/ContractsLaw/articles/nbsNationalConstructionContractsLawSurvey2012.asp National Construction Contracts and Law Survey 2012]).

	== [[Association_of_Consultant_Architects_ACA\|ACA (Association of Consultant Architects)]] ==		== [[Association_of_Consultant_Architects_ACA\|ACA (Association of Consultant Architects)]] ==
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	For more information, see NEC3.		For more information, see NEC3.

−	== Other forms of contract ==	+	= Other forms of contract =

	Other less commonly used forms of contract include:		Other less commonly used forms of contract include:
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	See: Contract conditions for more information.		See: Contract conditions for more information.

−	= ~~Building information modelling (BIM)~~ =	+	= Modified standard forms of contract =

−	~~The adoption~~ of ~~building information modelling (BIM) on a project requires~~ the ~~definition of specific obligations~~ and ~~liabilities, and limitations must be placed on~~ the ~~agreed use~~ of ~~the model~~. ~~This is generally achieved by adopting a BIM protocol. BIM protocols can be incorporated into contract documents by~~ the ~~addition~~ of ~~a model enabling~~ amendment ~~such as that proposed~~ in ~~the CIC BIM protocol.~~	+	Some professionals believe that parties should not amend standard contracts as there is a complex interaction between many of the terms and modification can change the balance of risk and create legal uncertainty. The Latham Report recommended the use of standard contracts without amendments (Latham, 1994) and amendment was also criticised by Lloyd QC in Royal Brompton Hospital National Health Trust v Hammond and Others:

−	~~= Modified~~ standard ~~forms of~~ contract =	+	However, some argue that no standard contract could allow for all the varying specifics of every individual project. There are also situations where amendment is necessary; for example if certain clauses become obsolete or the industry shifts and requires the inclusion of new terms.

−	~~See~~: Modifying clauses in standard forms of contract.	+	For more information see: Modifying clauses in standard forms of contract.

	= Bespoke contracts =		= Bespoke contracts =
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	For more information, see Bespoke construction contract.		For more information, see Bespoke construction contract.

−	= ~~Notes~~ =	+	= Pre-construction services agreements =

	NB: The first stage appointment of a two-stage procurement process might be made using a separate pre-construction services agreement (PCA or PCSA), sometimes called early works agreements, rather than under the provisions of the main, second-stage contract.		NB: The first stage appointment of a two-stage procurement process might be made using a separate pre-construction services agreement (PCA or PCSA), sometimes called early works agreements, rather than under the provisions of the main, second-stage contract.

−	For ~~a detailed description of the tender process for appointing the main contractor,~~ see ~~the free work plan stages~~:	+	For more information see: Pre-construction services agreements.
−		+
−	* Traditional contract: tender.	+
−	* Design and build: tender.	+
−	* Public project: tender.	+
−	* Public project: PFI tender.	+
−	* Construction management: tender.	+
−	* Management contract: tender.	+

	= Related articles on Designing Buildings =		= Related articles on Designing Buildings =

185.127.158.111: Undo revision 229458 by [[Special:Contributions/[IP address hidden]|[IP address hidden]]] ([[User talk:[IP address hidden]|talk]])

2022-04-22T08:07:34Z

Undo revision 229458 by [[Special:Contributions/[IP address hidden]|[IP address hidden]]] ([[User talk:[IP address hidden]|talk]])

← Older revision		Revision as of 08:07, 22 April 2022
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	* Standard forms.		* Standard forms.
	* Modified standard forms.		* Modified standard forms.
−	* ~~Spanish crabs~~	+	* Bespoke.

	= Standard forms of contract in common use for construction in the UK =		= Standard forms of contract in common use for construction in the UK =

185.127.158.111 at 08:06, 22 April 2022

2022-04-22T08:06:24Z

← Older revision		Revision as of 08:06, 22 April 2022
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	* Standard forms.		* Standard forms.
	* Modified standard forms.		* Modified standard forms.
−	* ~~Bespoke.~~	+	* Spanish crabs

	= Standard forms of contract in common use for construction in the UK =		= Standard forms of contract in common use for construction in the UK =

Designing Buildings at 06:18, 5 April 2022

2022-04-05T06:18:52Z

← Older revision		Revision as of 06:18, 5 April 2022
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	* Addendum.		* Addendum.
	* Agreement.		* Agreement.
−	* Automated vendor selection.
	* Bespoke construction contract.		* Bespoke construction contract.
−	* CIOB Planning Protocol 2021.
−	* Clear contracts during uncertain times.
−	* Clustering.
−	* CMA and IRM publish 2020 competition law risk guide.
	* Complex project.		* Complex project.
	* Concession Contracts Regulations.		* Concession Contracts Regulations.
−	* Consideration.
−	* Constructing Excellence contract.
−	* Construction contract conditions
	* Construction contractor.		* Construction contractor.
−	* Construction law.
	* Contract documents for construction.		* Contract documents for construction.
	* Contractual chain.		* Contractual chain.
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	* Contractual right.		* Contractual right.
	* Core clause.		* Core clause.
−	* Design and build.
−	* Early appointment / involvement.
	* Equitable assignment..		* Equitable assignment..
	* FIDIC.		* FIDIC.
		+	* Forward contract.
	* Hybrid construction contract.		* Hybrid construction contract.
	* Intermediate building contract		* Intermediate building contract
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	* Maintenance contract.		* Maintenance contract.
	* Management contractor.		* Management contractor.
−	* Maverick buying.
	* Memorandum of understanding.		* Memorandum of understanding.
	* Minor works.		* Minor works.
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	* NEC4.		* NEC4.
	* NEC4 Facilities Management Contract.		* NEC4 Facilities Management Contract.
−	* Non-performance.
	* Onerous contract.		* Onerous contract.
	* PPC 2000.		* PPC 2000.
−	* Pre-contract management.
−	* Principal-agent theory.
−	* Procurement route.
	* Reserved contract.		* Reserved contract.
	* Risk allocation.		* Risk allocation.
	* Standard form of contract.		* Standard form of contract.
	* Tender documentation for construction projects.		* Tender documentation for construction projects.
−	* The Chancery Lane Project.
	* Traditional contract for construction.		* Traditional contract for construction.
−	* Typical tender process for construction projects.
−	* Variations in construction contracts.
	* What is an EPC contract?		* What is an EPC contract?