Traditional procurement of construction contracts
Traditional procurement of construction contracts

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

  • Traditional procurement of construction contracts
  • What is traditional procurement?
  • Who administers the contract?
  • Key considerations with traditional procurement
  • Design responsibility
  • Pricing
  • Other considerations

This Practice Note provides a basic explanation of traditional procurement in construction. It looks at why this type of procurement is used and also considers particular issues to take into account when choosing to follow this procurement route.

When an employer decides to commence a construction project, the first stage is normally for it to engage an architect to carry out a feasibility study and to prepare a very basic design. If the architect advises that the employer’s proposals are achievable within the budget that has been set, the employer will then engage the architect and, typically, a number of other consultants (engineers etc), to develop the designs for the project and provide related advice.

In the early stages of a construction project, the employer, usually with guidance from its professional team, will need to make a decision on how to procure the construction. There are various procurement routes and forms of contact to choose from and the employer’s choice will be influenced by the time available for tendering and for completion of the project, the method of financing and the expertise of the employer. The employer may choose to adopt the traditional approach in order to retain a greater degree of control over the design and quality of the works than it would have with other procurement routes and for more certainty as to price.

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