Standardised contracts or standardised contract terms can be used to help simplify and speed up procurement procedures. By applying a common approach across the public sector, best practice is more easily embedded and suppliers are more likely to experience a consistent application of policies and practice. Contracting authorities should ensure that they have appropriate resources to effectively manage contracts effectively (see chapter 11).
Standard construction contracts with appropriate options should be selected, save where the project or programme justifies a bespoke approach. Standard contracts should be chosen from the following suites:
• NEC 3 or NEC 4, as published by the Institution of Civil Engineers
• JCT 2016, as published by the Joint Contracts Tribunal
• PPC2000/TAC-1 and FAC-1 as published by the Association of Consultant Architects
Should different forms of contracts be used for specific reasons, compliance with this Playbook should be addressed explicitly in relevant governance and approvals processes (see chapter 4).
Before issuing the tender, stress-testing and peer-reviewing the draft contract against the above elements can be helpful, particularly to check for unintended consequences. In doing so, ensure that the contract terms are not unintentionally limiting innovation, sustainable supply chains or investment in MMC.