Standard Forms of Contracts in Construction Benefits

Standard Forms of Contracts in gimmick BenefitsThe Importance of Using Standard Forms of Contracts in Construction IndustryAccording to the 1996 Act of UK law verbal expression beseech has been defined as an agreement in writing or evidenced in writing, downstairs which a party carries out construction operations, arrange for others to carry out construction operations or/and provide labor for carrying out of construction operations (Zaghloul Hartman, 2003). The contract forms establish the legal relationship surrounded by the parties, in terms of rights, obligation and duties and regulate the commercial relationship between the parties (Robinson Lavers, 1996). on that point be both main classifications of contracts, namely normal and non banal contracts (Murdoch Hughes, 2007).In the recent fourth dimensions, the commercial activities associated with the construction industry are highly complex and the bill forms of contracts have incorporate into the day-to-day tra nsactions of most agreements (Bunni, 1997). It is not compulsory to practise standard contracts in the construction industry however it has become the common practice in procuring contractors, consultants or architects. There have been numerous recommendations by authors and researchers to adopt standard forms of contracts in the construction business. According to Banwell Report (1964), the construction industry should formulate and use a single standard-form contract for its entire nominates. The Latham Report (1990s) also supported the concept as recommended the Engineering and Construction Contract to be adopted as universal standard construction contracts. The use of standard form of contract for all type of construction projects is not realistic, but for similar type of project has been seen to be indeed is very beneficial (Murdoch Hughes, 2007).The purpose of standardising contract forms is mainly to specify the chief variables concerning the construction processes and act ivities (Clegg, 1992). For example, it so happens in most projects that actual throw done by the contractor differs from as specified in the contract. And these alterations are a major source of many conflicts and disputes (Othman, 1997). In such cases, standard forms make up arrangements as to how to manage these variations.Standard forms of contract are mostly published by an authoritative body of the industry, recognised by all the parties involved, outlining the terms and conditions which sets the parameters for the achievement of the work. In the correct spirit of standardization, these forms are not subjected to any negotiation and amendments and are suitable for panoptic array of similar projects and works. The initial set of standard forms was formulated by the government department of UK for works in the public sector. Inspired by their concept, many other professional bodies also devised their versions of standard forms (Bunni, 1997 Ismail, n.d.). Among diverse standa rd forms of construction contracts are ICE 7 (Institute of Civil Engineers), NEC 3 (New Engineering Contract), JCT (Joint Contract Tribunal), FIDIC (International Federation of Consulting Engineers), AIA (American Institute of Architects), EJDC (Engineers Joint Contracts Documents Committee), etc. (Murdoch Hughes, 2007).There are several advantages associated with the use of standard forms of construction contracts. Basically, standard forms originate from different sectors of construction industry for various reasons (Murdoch Hughes, 2007). They have been devised as an output of a process of negotiation between various sectors of the industry hence, they represent a compromise between the interest groups of the industry (Murdoch Hughes, 2000). Also, as numbers of interest groups are involved and considered in the formulation of standard contracts, there is better possibility of fair and balanced risk allocation among the parties involved (Murdoch Hughes, 2007).The prime reason that inclines construction personnel to adopt standard form of contracts is familiarity. The major advantage of using a standard contractual form is that by repetitive use of the instrument one becomes familiar with its content, and hence is conscious of both its strengths and drawbacks (Broome Hayes, 1997). The contractual complexities associated with any type of contract are often rather typical to understand. The use of standard contractual documents aids in familiarising the various contractual clauses and provisions to the users (Murdoch Hughes, 2007). This familiarity with the content and clauses of the contract leads to lesser number of disputes and misunderstandings. The possibility of redundancy is also take away (Broome Hayes, 1997). In addition, the repetitive use of these forms leads to development of experience bank and result in increased efficiency (Bunni, 1997).Precedent is another important factor which generates from world similar with the contract and is fav orable to the involved parties. In the scenario when a disputed project is taken to court, the standard contracts enable the lawyers to advice their clients regarding the equiprobable result of the case, as resolve are bound to follow the previous decisions (Broome Hayes, 1997).Standard forms of contracts have been reported and observed to assist the conduct of trade (Murdoch Hughes, 2000). Another factor which attracts personnel towards standard contracts is that it reduces the focus on specific contractual terms during the bargaining process (Murdoch Hughes, 2007). These forms are helpful in reducing the cost linked to tendering and contract administration. This is hostile to the amended forms of contracted which require the clients and tenderers to seek additional legal advice and the probability of the disputes resulting from unfamiliar terms also increase (OGC, n.d.). These forms lead to saving in time as drawing up of contracts from scratch is a tedious task (Ismail, n.d .).Standardisation of the contract forms provides basic legal frameworks which recognise the rights, obligations and duties of the parties and highlights the ambit of the powers and duties of the contract executive director (Nayagam Pathmavathy, 2005). Furthermore, standardisation of contracts leads to higher degree of certainty and fairness during tendering process. They become the basis of comparison and evaluation and familiarity with the content makes it convenient and faster in pricing as well (Bunni, 1997 Ismail, n.d.).As aforementioned, there are various institutions which have developed standard forms of contract. One of the most used and popular set of standard forms of contract have been developed by International Federation of Consulting Engineers (FIDIC). These forms have been in use for international construction projects ever since their formulation in 1957. The FIDIC contracts provide a comprehensive code which can be applied with ease in any legal system. The input has been provided from both engineers with experience of many engineering projects and lawyers with wide array of experience drafting construction contracts. The acquaintance with these contracts has offered the construction industry benefits in both tendering and project management. The contracts offer balanced and clearly defined risks between the contracting parties. FIDIC believes that it only a fair and balanced contract which is in the lasting best interest of all concerned. The contracts account for all possible and probable risk factors as well as clearly define the role of all involved parties. These aspects of the contract facilitate in reducing the number of uncivilized disputes and litigations (Thomas, Glover Hughes, 2006 Wade, 2005).FIDIC and other similar standard forms of contract are favourable to the construction industry as they facilitate the saving of both time and cost two success criteria for any type of construction projects. With the exception of few enti rely unique projects, construction projects often share their main characteristics and these standard forms are devised considering the same. seedBroome, J.C. 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