New JCT pre-construction services agreement
A
Joint Contracts Tribunal (JCT) product story
Edited by the Buildingtalk editorial team
Jan 2, 2009
The Joint Contracts Tribunal has published a new contract for pre-construction services.
The new agreement, which has separate versions for the appointment of a contractor and for a specialist, is to allow specified works to proceed before finalisation of the project or award of the ultimate contracts.
The Pre-Construction Services Agreement (PCSA for a general contractor and PCSP for a specialist) is designed for the interim appointment of a general contractor by the employer, or a specialist by either the employer or contractor, to carry out pre-construction services, under a two-stage tendering procedure.
The appointment follows first stage tenders and covers the period leading up to the submission of definitive second stage tenders and entry into a main contract or sub-contract for the construction phase.
An appointment under either version of the agreement will enable the contractor and/or specialist to assist the consultant team with the development of detailed designs and development of the main contract works and specialist tender documents.
The involvement of contractors and specialists at the pre-construction stage of a project is widely viewed as being valuable and often essential in the final design process and preparations for the construction phase, including the programme, cost plans, buildability and specialist procurement.
Peter Hibberd, secretary general of the JCT, said: "This new agreement facilitates early involvement of both general contractors and specialists during the design, tender and other preparatory processes, especially for design-and-build projects.
"We anticipate that the general contractor version of the PCSA will be widely used, but the specialist version is likely to be used mainly on very large or complex projects".
Either version of the agreement can be used whether or not the specialist or contractor is to be responsible for design work but, unless otherwise agreed in the provision of services, any liability will only arise once a contract for the construction works is executed or, additionally, in the case of a specialist, a collateral warranty with the employer has been executed.
It can also be used by both private and local authority employers.
Both versions of the agreement are designed for use on projects where it is intended to use as the main contract the JCT Standard Building Contract, Design and Build Contract, Major Project Construction Contract, Management Building Contract or either version of the Intermediate Building Contract 2005, and also to use their related subcontracts.
Published by Sweet and Maxwell, the new contract are available from stockists now.
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