Book Review, The FAC-1 Framework Alliance Contract: A Handbook

[edit] Introduction

This handbook explores the FAC-1 Framework Alliance Contract as a multi-party umbrella that connects the team members engaged on any project or programme of works, services or supplies. It explains the FAC-1 processes for planning, joint working, contract award, performance review, problem-solving and shared learning, and it illustrates how FAC-1 helps to attract investment, motivate innovation, improve value, manage risks and achieve net zero carbon targets.

FAC-1 has been adopted on procurements worth more than £100 billion in the UK and in other jurisdictions, and this handbook explains what is different about FAC-1, how it is used in practice, and how it works clause by clause. With 30 case studies and 46 practice notes, the handbook provides an introduction for those who are new to FAC-1, a refresher for current users, and practical tips for teams engaged on any FAC-1 project or programme of works, services or supplies in any sector.

It is designed for use by framework providers, clients, designers, managers, contractors, specialists, operators and legal advisers. It includes the features of FAC-1 as a ‘Gold Standard’ framework contract recommended by the UK government, and it explains how it can improve the efficiency of digital information management. It also provides templates, diagrams and checklists that show how to complete FAC-1, how to use it alongside FIDIC, JCT, NEC, PPC and TAC contract forms, and how to bring its relationships and processes to life.

[edit] Comments

“An essential travelling companion for those in the FAC-1 team, with Professor Mosey as your expert tour guide.”

— Julian Bailey, partner at Jones Day and author of Construction Law (3rd edition)

“Collaboration is core to Constructing Excellence and is fundamental to enabling successful project delivery. Collaborative contracts such as FAC-1 are crucial for setting projects up for success, enabling all parties to work together to achieve better outcomes. This handbook provides excellent guidance to support the effective use of FAC-1.”

— Alison Nicholl, head of Constructing Excellence

“FAC-1 is a truly transformative contract that delivers up new relationships throughout the supply chain, whilst introducing shared systems and an effective approach to risk. This FAC-1 handbook enables all parties to a project or programme of works to understand their roles and responsibilities in creating an alliance capable of delivering safe, quality and value for money project outcomes.”

— Rebecca Rees, partner at Trowers & Hamlins

“Professor David Mosey’s new handbook on FAC-1 Alliance Contracting will, I believe, be an essential catalyst in helping clients and industry supply chains actively work together to deliver the new ways of working that are required to unlock the vision of a social and productivity revolution that our industry needs.”

— Terry Stocks MBE FICE, director at Faithful+Gould

“This handbook should become the best friend of everyone, in every sector of the construction industry, who wants to make a real difference. It explains in detail how to get the best out of FAC-1 using modern procurement practices and true collaboration, carefully demonstrating the contract’s very flexible approach along the way. David’s unique experience – ably supported by great case studies – helps bring all of this to life.”

— John P. Welch FRICS, Deputy Director of Construction, Crown Commercial Service

[edit] About the Author

Dr David Mosey CBE is a professor at the King’s College London Centre of Construction Law & Dispute Resolution and was formerly head of the projects and construction department at law firm Trowers & Hamlins. He is the principal author of the FAC-1 Framework Alliance Contract and has advised on the procurement of collaborative projects and programmes of work for more than twenty years.

David was appointed by the UK government in 2021 to lead an independent review of public sector construction frameworks. His recommendations for improving value, improving safety, managing risk and achieving net zero carbon are set out in ‘Constructing the Gold Standard’ and have been widely endorsed by both government and industry. David received the 2021 TECSA Clare Edwards Award for ‘professional excellence and an outstanding contribution to the legal profession’ and was awarded a CBE in the 2023 New Year honours list for ‘services to the construction industry’.