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The Strengths of Early Contractor Procurement

Paper number
171

Dr David Mosey

June 2011

A paper presented to the Society of Construction Law at a meeting in London on 13th April 2010

What advantages are there in structures which involve main contractors in procurement earlier than under the traditional processes of single-stage tendering? Dr David Mosey of Trowers & Hamlins, the principal drafter of PPC 2000, argues in favour of a conditional pre-construction phase contract. He seeks to show that even in a time of recession, there are gains to be made for all parties if contractors and others can be involved in the development of a project ahead of completion of its design; and that contractual structures are desirable and available for this pre-construction phase which will encourage the building of a team and the pooling of its members' positive contributions, at the same time properly protecting the employer.

Partnering in the recession - What is wrong with single-stage tendering? - Origins of claims - When are contracts normally signed? - Early contractor procurement and integrated processes - An agreement to agree? - What is the proper role of a building contract? - Is it good to talk? - So does early contractor procurement work? - Early contractor procurement and pricing - Is early contractor procurement EU-compliant? - Is there an 'early contractor procurement' contract? - Conclusions.

The author: Dr David Mosey is a partner and Head of Projects and Construction at city and international solicitors Trowers and Hamlins LLP in London.

Text 14 pages.