- Project plans
- Project activities
- Legislation and standards
- Industry context
- Specialist wikis
Last edited 04 Feb 2021
Levelling the playing field
Its perspective is informed by enquiries from nearly 3,000 specialist contractors. ECA is therefore able to highlight ostensibly onerous practices within an industry where contracts can be unforgiving.
- Modified standard form of contracts i.e. JCT or NEC.
- In-house bespoke terms and conditions which are procured as an investment in commercial risk protection by the client in question.
- To recognise specific project risks, e.g. if the project is on a high security risk site, there may be additional contractual requirements surrounding security;
- Commercial risk transfer: in order to de-risk the commercial model of their own business, clients will often seek – either through standard form modifications or bespoke terms – to push as much commercial risk downwards within the contractual chain as possible.
ECA has published a guidance document that identifies common areas of standard form contracts (which broadly represent the industry norm for what is acceptable risk allocation) and/or bespoke terms and identifies where those issues are modified to an ECA Member’s detriment.
The document also outlines the risk of those types of clauses; it suggests a risk-proportionate approach and rationale for finding and negotiating a compromise which aligns the risks involved with the parties who are realistically and proportionately in a position to manage those risks.
ECA wishes to identify and inform the engineering services sector and ECA Members’ decisions on what ‘fair, reasonable and good contractual practice’ looks like. ECA remains committed to fair and open competition and this document is not designed in any way to dictate what may be an appropriate risk allocation for a specific project, or act as a substitute for ECA Members obtaining project and context-specific legal advice.
 About this article
 Related articles on Designing Buildings Wiki
- Bespoke construction contract
- Complex project.
- Concession Contracts Regulations.
- Constructing Excellence contract
- Contract documents for construction
- Core clause.
- Intermediate building contract
- JCT Construction management contract
- Modifying clauses in standard forms of construction contract
- NEC Option A: Priced contract with activity schedule
- PPC 2000
- Procurement plan.
- Procurement route
- Procurement team
- Risk allocation.
- Standard form of contract
- Traditional contract for construction
- Traditional contract: tender
- Typical tender process for construction projects
Featured articles and news
High levels of mica and pyrite found in aggregate used for Irish homes.
Organisation offers mobile app to its members.
BSRIA explores US share of 2020 VRF market.
New fire safety requirement comes into force.
Different types of bridges are meant to move.
A logical approach to handling the internal voice of self doubt.
First fashionable in the US, decorative metal has become globally desirable.
Helping communities preserve and enhance historic environments.
Creating comfortable climates despite extreme temperatures.
Study examines how adjustable arrangements can succeed.
Government announces plans to improve accessibility.
Resource addresses pandemic-related NEC4 contract issues.