Civil Engineering Reference
In-Depth Information
A more detailed examination of the forms of contract mentioned above is beyond
the scope of this topic but any of these forms may well be appropriate, depending upon
the nature of the project in question. In any event, before using any standard form,
users should ensure that it meets the employer's needs and is properly integrated with
the other documents forming the contract.
1.4.12 PFI and PPP
Although the Private Finance Initiative (PFI) and Public Private Partnerships (PPP)
(and the Scottish Government's variants, the Non-Profit Distributing model (NPD)
and the 'hub' model) are beyond the scope of this topic, it must be recognized that
there has been a rapid growth in this method of procurement of public sector build-
ingandinfrastructureworkssincethemid-1990s.heconstructioncontractsforming
part of the package of project documents are normally bespoke contracts, the form
and terms of which are largely dictated by a pass-through of the obligations under the
overarchingprojectagreement.hefundingandrisktransferfeaturesofsuchprojects,
coupled with the construction/operational interface, have led to the development of
practices and principles peculiar to the construction contracts used in these projects.
As a result, such contracts need to be regarded as a quite distinct category of construc-
tion contract.
1.5 The SBCC forms of building contract
In Scotland, many building contracts are entered into on the Scottish Building Con-
tract Committee (SBCC) standard forms. The constituent bodies of the SBCC are
currentlytheAssociationofConsultancyandEngineering,theAssociationofScottish
Chambers of Commerce, the Convention of Scottish Local Authorities, the National
Specialist Contractors Council - Scottish Committee, the Royal Incorporation of
ArchitectsinScotland,theRoyal Institutionof CharteredSurveyorsin Scotland,Scot-
tish Building, Scottish Casec, the Scottish Government - Building Division, and the
Law Society of Scotland.
The SBCC has produced standard forms since 1964. Over the years, the number
of standard forms has increased and numerous revisions and amendments have been
issued. These can make it difficult to identify the precise terms upon which parties
have contracted. Matters are often further complicated by the attempts of employers
and contractors to modify the provisions of the standard form contracts.
The first forms of contract published by JCT were the 1963 Editions and a major
revision to these (JCT 80), was carried out in 1980 (when a Design and Build form
was also published for the first time). This was followed by numerous Amendments.
The form was then reprinted as a 1998 edition (JCT 98), again followed by various
Amendments. 2005 saw the launch of new editions of practically every JCT contract.
This was the most comprehensive revision of the whole suite of JCT contracts for
many years.
