All changes to the Standard Project Agreements require SFT's approval. Normally approval will only be given to changes required for project specific reasons or to reflect changing guidance or demonstrable changing market circumstances. The SFT does not intend to apply any previous rules or practices in managing the derogations process.
The SFT recognises that no drafting is perfect and that the Standard Project Agreements include some new drafting that has not been tested/analysed in the context of a live project. As part of the derogation process on each project the SFT will be willing to correct errors and consider arguments that drafting in the Standard Project Agreements does not achieve the contractual intention but will not generally entertain proposals to change what is already adequate drafting.
An Authority must give SFT one month's notice of when it intends to submit a request for derogations (which will generally tie in with Key Stage Reviews). SFT will endeavour to respond to a request for derogations within 2 weeks. In requesting derogations the Authority must provide its amended version of the relevant standard Project Agreement (including the Schedule Parts) and provide explanations for the proposed amendments in footnotes within its amended document. SFT will then do a comparison of the document submitted against its master version of the relevant standard Project Agreement.
This Guide contains recommendations and drafting to deal with matters that are specific to different sectors and particular circumstances that are commonly encountered. Use of these must still be reported to the SFT for approval.
The main bodies of the Standard Project Agreements include optional drafting to be used in situations where the works will be completed in a number of phases. This drafting should be used/deleted as appropriate.
For ease of future contract management, SFT does not expect to see the Standard Project Agreements amended to any individual law firm's house style. Clause and paragraph numbering should be preserved through the use of lettered additions and "not used" deletions. Automatic numbering and hyperlinked cross references should be maintained.
Footnotes still appear in those parts of the Schedules to the Standard Project Agreements that contain stand-alone contracts (e.g. Funders' Direct Agreement). These should be removed as appropriate before the document is issued for a specific project.