Ann Minogue (27 May, page 47) wrote: “At last, someone has produced a consultancy agreement that applies the same terms for each member of the team.”
Perhaps I should not be surprised but why does industry seek to constantly reinvent the wheel when the answer is already available and proven? The NEC Professional Services Contract has offered this since its first edition in 1994.
Your other article in the same issue (pages 26-28) centres on the questions of net contribution, limits on liability, novation, lump-sum fees, third-party rights and different procurement routes. In fact, the PSC allows for all of these. What the industry should be focusing on is drawing up a co-ordinated list of services; the conditions of contract already exist.
If we are to use these new agreements, how are they to be integrated with the construction contracts? What if contractors and suppliers are engaged on completely different terms to those providing services? NEC offers an integrated suite of contracts for engaging the entire supply chain on essentially consistent terms.
Surely we do not need further standard forms – it must be time to consolidate the plethora of industry contracts, stop wholesale random amendments and concentrate our efforts on the project and its particular risks.
Robert Gerrard, chairman, NEC Users Group
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