ABSTRACT

In the interim one sees express terms in standard form partnering contracts that set out how parties are expected to behave and relate to each other in the performance of their contractual duties. Each of the standard form partnering contracts examined in this Chapter contain examples of such terms. In this chapter, the authors review each of their chosen standard forms briefly and examine how they deal with the key cornerstones of any construction contract: time, cost and quality. The cost of the works is determined on the basis of cost reimbursement with salary costs similarly reimbursed in respect of seconded staff plus an agreed and ring-fenced percentage for overheads and profit. Some projects value time over other considerations, e.g., cash generating casinos are reported to be able to justify considerable resources to complete on time to deliver the end product, with the cost of construction being a secondary concern.