ABSTRACT
This paper outlines the contractual background to construction management and other forms of construction procurement, and the Employer’s existing choices under the JCT Conditions of Contract, particularly management contracting. The provisions of the JCT Management Contract 1987 relieving the Management Contractor from liability and dealing with determination of the Management Contractor’s employment are considered, together with the Management Contractor’s ambiguous position. Construction management as an alternative to management contracting is then explored, including the possible adaptation of JCT 80 for construction management. It is concluded that, in a Project which is suitable either for construction management or management contracting, there seem to be patent advantages to the Employer in choosing construction management. The views expressed in this paper are those of the writer, and not necessarily those of Simmons & Simmons.
