The following Construction guidance note provides comprehensive and up to date legal information covering:
'MF/4' is one of the suite of Model Forms published on behalf of the Institution of Engineering and Technology (IET) and the Institution of Mechanical Engineers. It is for use as a home (ie UK) or overseas agreement for the provision of consultancy service by engineering consultants.
The commentary published by IET to accompany MF/4 states that the contract is intended largely for investigative or advisory services and is not intended to be used where a consultant is being engaged to:
lead, project manage or perform other services in relation to a complex project
provide design services to a contractor
As a contract for the supply of services in relation to a construction or engineering project, MF/4 may be a 'construction contract' for the purposes of the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996). However, the conditions do not reflect the relevant statutory requirements in respect of the payment terms or by providing for the adjudication of disputes. See Practice Notes: What is a construction contract under the HGCRA 1996? and Interim payments in construction contracts.
MF/4 is a very basic appointment for the provision of ‘consultancy services’. The provisions relating to variations (clause 4), competency (clause 5.1), and confidentiality (clause 12) provide little more than the terms which would be implied by case law while
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