Collaborative consulting (2017) 28 4 Cons.Law 18 [Archived]
Collaborative consulting (2017) 28 4 Cons.Law 18 [Archived]

The following Construction practice note provides comprehensive and up to date legal information covering:

  • Collaborative consulting (2017) 28 4 Cons.Law 18 [Archived]
  • Key points
  • Points of comparison
  • (a) Geographical reach
  • (b) Adaptability of the FIDIC White Book and the IChemE Silver Book to local legal requirements and clients' preferences
  • (c) Intellectual property rights
  • (d) Collaborative working and good faith
  • (e) Standard of care
  • (f) Protection of consultant/limitation of liability
  • Conclusion

ARCHIVED: This Practice Note has been archived and is not maintained.

This article appears as originally published in Construction Law on 1 May 2017 and is not maintained.

Three new forms of professional services contract have been published in the early months of 2017, by the ACE, the IChemE and FIDIC. All seek to promote collaborative ways of working, as Tom Pemberton of Beale & Company Solicitors LLP explains.

Key points

  1. The key drivers behind the new forms include changing working methods resulting from technological change

  2. They reflect widespread acceptance that a more collaborative basis of contracting is needed in construction

  3. The three standard form issuing bodies are concerned to protect interests of their members in the engineering professions by, for example, including key liability protections

  4. The article considers a number of points of comparison between the three new forms, including in relation to flexibility, intellectual property rights, collaborative working and good faith, standard of care, and limitation of liability

In what promises to be a busy year for the standard form issuing bodies, the first off the block has been the publication of no less than three forms of professional services contract in the early months of 2017. The forms in question are the ACE Professional Services Agreement (ACE PSA 2017), the IChemE Professional Services Contract (the IChemE Silver Book, including the Long Form Contract and the

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