Appendix I Terms of Reference for the Review

To consider:

• current procurement and contractual arrangements; and

• current roles, responsibilities and performance of the participants, including the client.

with particular regard to:

• the processes by which clients' requirements are established and presented;

• methods of procurement;

• responsibility for the production, management and development of design;

• organisation and management of the construction processes;

• contractual issues and methods of dispute resolution; and

in doing so to take into account:

• the structure of the industry;

• the importance of fair and transparent competition;

• the desirability of a fair balance between the interests of, and the risks borne by, the client and the various parties involved in a project;

• the requirements of public accountability, value for money and EC legislation as regards public sector contracts;

• the importance of encouraging enterprise, the development of a skilled labour force and investment in improving quality and efficiency;

• current developments in law;

• relevant comparisons with the structure and performance of the construction industry in other countries;

with the objectives of making recommendations to Government, the construction industry and its clients regarding reform to reduce conflict and litigation and encourage the industry's productivity and competitiveness.