Named supplier in construction contracts
Naming suppliers allows the client to influence the main contractor's selection of suppliers, whilst leaving responsibility for their performance with the main contractor.
To name suppliers, the client first identifies a list of potential suppliers. They may invite these potential suppliers to submit tenders. The client then names a short-list of acceptable suppliers in the tender documents for the main construction contract. The tender documents allow for the named suppliers by including a provisional sum.
When tendering for the main contract, the main contractor makes allowances for mark up, attendance and programme in relation to the named suppliers. Once appointed, the successful contractor seeks tenders from the named suppliers (although they may reasonably object to any of them). If the client previously sought tenders form the named suppliers, they may pass these on to the main contractor, although it is the responsibility of the main contractor to negotiate an actual price.
Once the main contractor has selected and appointed a supplier, the provisional sum is replaced with the actual price agreed.
The main contractor pays the named supplier and the main contractor is responsible for their works. However, if the materials or goods supplied turn out not to be fit for purpose, then whoever named them will be responsible, not the contractor, unless the contractor was able to choose from a number of products available from the named supplier and they selected one that was unfit for purpose when others were available.
On public sector projects, a supply contract for which the client intends to provide a named list of possible suppliers may be subject to the requirements of the OJEU procurement rules.
[edit] Related articles on Designing Buildings
Featured articles and news
RTPI leader to become new CIOB Chief Executive Officer
Dr Victoria Hills MRTPI, FICE to take over after Caroline Gumble’s departure.
Social and affordable housing, a long term plan for delivery
The “Delivering a Decade of Renewal for Social and Affordable Housing” strategy sets out future path.
A change to adoptive architecture
Effects of global weather warming on architectural detailing, material choice and human interaction.
The proposed publicly owned and backed subsidiary of Homes England, to facilitate new homes.
How big is the problem and what can we do to mitigate the effects?
Overheating guidance and tools for building designers
A number of cool guides to help with the heat.
The UK's Modern Industrial Strategy: A 10 year plan
Previous consultation criticism, current key elements and general support with some persisting reservations.
Building Safety Regulator reforms
New roles, new staff and a new fast track service pave the way for a single construction regulator.
Architectural Technologist CPDs and Communications
CIAT CPD… and how you can do it!
Cooling centres and cool spaces
Managing extreme heat in cities by directing the public to places for heat stress relief and water sources.
Winter gardens: A brief history and warm variations
Extending the season with glass in different forms and terms.
Restoring Great Yarmouth's Winter Gardens
Transforming one of the least sustainable constructions imaginable.
Construction Skills Mission Board launch sector drive
Newly formed government and industry collaboration set strategy for recruiting an additional 100,000 construction workers a year.
New Architects Code comes into effect in September 2025
ARB Architects Code of Conduct and Practice available with ongoing consultation regarding guidance.
Welsh Skills Body (Medr) launches ambitious plan
The new skills body brings together funding and regulation of tertiary education and research for the devolved nation.
Paul Gandy FCIOB announced as next CIOB President
Former Tilbury Douglas CEO takes helm.
UK Infrastructure: A 10 Year Strategy. In brief with reactions
With the National Infrastructure and Service Transformation Authority (NISTA).