Description
Although Tenders and Contracts was the last of our trilogy of text to appear, it now forms the starting point for our examination of the whole subject of procurement. It is significant that, although this is the only third edition (or fourth if you include the original title with builder?) and Pre-Contract Practice and Contract Administration are in their eighth editions, Tenders and Contracts is perhaps the most important. Tenders and Contracts examines the broader aspect of the subject of procurement, and identifies the criteria that need to addressed before the choice of a specific tending procedure and contractual arrangement is made. Once that choice is made, the detailed considerations set out in Pre- Contract Practice and Contract Administration comes into play. It now almost goes without saying that the increasing rate of change in the construction industry requires the content updating of our approach to procurement – But such is the case. Indeed, the drivers of change have included some very influential contributors of late. Sir Michael Latham’s report, constructing the Teams, has been followed by Sir John Egan’s report Rethinking Construction, the reading construction Forum’s Publication Trusting the teams: the best practice guide to partnering in construction institute’s document entitled partnering in the public sector: a toolkit for the implementation of post award, projects specific partnering on construction projects. Government strategy has also change with introduction of the private finance initiative (PFT). In addition, there are has been some significant legislation, especially the construction (Design and Management) Regulations 1994 and the Housing Grants, Construction and Regeneration Act 1996 both of which have had a significant effect on the industry –t he implications of which are discussed in this new edition. While examining these latest influences, we have maintained the original essence of the book- an explanation of the basic concepts of the different approach procurement. Although extending, and in some cases rewriting chapter, we have not, on this occasion, altered the running order. This is not to say we have not considered the matter – varies, depending on the reader’s situation or starting point and their priorities and the perceived options open to them. We venture suggest, therefore, that this book is not a ‘straight read; but should be read selectively according to the individual’s needs. A useful Glossary is included at the end. Chapter 1and2 have been rewritten and retitled, to provide a clearer up-to-date analysis of the principle of procurement, and review the criteria to be considered in setting a procurement strategy. Chapter 1 includes reference to the construction (Design and Management) Regulations 1994 (CDM), and considers risk and accountability, while chapter 2 cover the concepts of partnering, value management the private finance initiative and the Housing Grants, construction and Regeneration Act 1996. Chapter 5 has also been rewritten and retitled to give a better and fuller appreciation of a range of documentation available to support different method of procurement. The practical uses of the various documents, sometimes more importantly, their limitations are identified, as well as their contractual significance. Chapter 11 considers management and construction management contract, with subtle reflect the change in emphasis in this section of the market; this chapter has been considerable extended to include a more detailed assessment of the advantages and disadvantages of the system. Chapter 12 on design and build contracts, has been extensively revised and extended to provide more detailed examination of the system, which continues to occupy a prominent position in the industry. A new section, on managing the design process, highlights the problems of novation and an explanation is given to the significant difference in the JCT Design and Build form of contract, compared with usual consultant design versions. Chapters 14 on partnering is entirely new and reflects the significance attached to recent developments emanating from Sir Michael Latham’s report, constructing the Team referred to above. This is seen to be an important area of development for the future, especially for those clients able to take advantage of continuity. All other chapter have been extended and update and more diagrams have been included to add a visual dimension to the understanding of the comparative merits of the different systems. Our appreciation is dual to John Townsend, who undertook the task of the final editing of this edition and who put together most of the rewritten chapter – John is the only current full time member of the Agua Group who was involved in the first edition, under the title of Which Builder? We must not forget, however, that Brian Bagnall is also still involved in adding his inimitable cartoons to the text – these add the icing to the cake, which we hope our reader enjoy . As always, we are grateful Julia Burden, our commissioning Edition, for her assistance and encouragement.
The Aqua Group:
BRIAN BAGNALL BArch(Liverpool)
OLIVER BURSTON AAdipl, RIBA
JOHN CAVILLA BSc(Hons), MCIOB, MIMgt, MAPM
RICHARD OAKES BSc(Hons), FRICS
QUENTIN PICKARD BA RIBA (Chairman)
GEOFFREY POOLE FRIBA, ACLArb
JOHN TOWNSEND DipArb, FRICS, FCIArb
JOHN WILLCOCK DipArch, RIBA
JAMES WILLIAMS DA,(Edin), RIBA
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