The following Construction guidance note Produced in partnership with Karen Clarke of CMS provides comprehensive and up to date legal information covering:
When approaching contract drafting the focus is frequently fixed on the negotiation of the main body of the contract provisions and it is often considered that the schedules are the place for ancillary information, such as agreed template forms and security documents (eg bonds and guarantees) which work alongside the main contract terms and conditions.
In an FM contract drafting far from being ancillary, the schedules form an essential and integral part of the contract, as they include the detail which evidences the client's requirements and drives the parties’ contractual expectations as to value and performance.
The extent to which schedules are utilised in FM contracts differs in practice dependant on the complexity and scope of services to be performed and it should always be assessed on a project-by-project basis as to which schedules are required and how detailed they should be. For example, industry standard contract forms for use on more straightforward and short-term projects incorporate, as a minimum, schedules that cover:
project and financial details
This Practice Note outlines the key schedules which would generally be included in an FM contract.
The Services schedule needs to set out all the service lines which the FM contractor will be required to provide during the FM contract term.
These could be hard FM services (such as planned and reactive maintenance), soft
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