img(height="1" width="1" style="display:none" src="https://www.facebook.com/tr?id=2939831959404383&ev=PageView&noscript=1")

Could do better

Words:
Adrian Malleson

Disputes remain, partnering is slow, and traditional forms of contract still dominate. This survey from NBS shows the construction industry is in no hurry to change, says Adrian Malleson

The number of disputes in the UK construction industry has not reduced and despite government efforts partnering has still not been widely adopted. These are the key findings of a major new survey into contracts and legal issues undertaken by NBS, part of RIBA Enterprises.

Those providing responses to the NBS’s wide ranging questionnaire include contractors and clients, plus consultants with memberships of more than 20 industry bodies. Of the 1,000+ respondents, 92% said the number of disputes had either increased or stayed the same, with the state of the economy cited most frequently as the likely cause. 

These views are borne out by the fact that almost a quarter of those taking part in the survey had been involved in a dispute during 2011. Of these 86% were between the client and main contractor, the primary causes being extension of time and valuation of variations. 

Partnering is still not being widely used by the industry. In 2011, only 6% of those who took part used a form of partnering or alliancing, while more than a third were not involved in any form of collaborative working.

The survey also showed that traditional forms of contract (67%) still dominate, with single stage competitive tendering the most widely used (78%). In today’s technology-dominated environment, more than 40% of consultants and clients use no electronic tendering at all.

The research also highlighted ongoing use of bespoke contracts rather than standard forms. Although standard contracts are still used, almost a quarter of projects undertaken by those questioned used bespoke documentation. 

Given that 20 years ago, the Latham report concluded: ‘Endlessly refining existing conditions of contract will not solve adversarial problems. Public and private sector clients should begin to phase out “bespoke” documents’, this appears to be a lesson not yet fully learned.


See the NBS National Construction Contracts and Law Survey 2012 at www.thenbs.com

Adrian Malleson is NBS research and analysis manager


 

Latest

The debut project by craft-led architect Grafted celebrates the original detailing of a house in Norwich’s Golden Triangle through concrete panels which the practice cast itself

Grafted’s debut project celebrates the original detailing of a house in Norwich’s Golden Triangle

Building-scale installation validates use of reclaimed timber for structural glulam and cross-laminated timber frame construction

Building-scale installation from waste points way to circular economy

Rescue and restore a William Adam-designed villa, create an outdoor installation ‘filled with play, wonder and delight’, imagine a multifunctional exclusive/inclusive complex that serves client and community - some of the latest architecture contracts and competitions from across the industry

Latest: Bid for phase 1 rescue of Scotland’s first Palladian country house

A journey to Turkey for a summer wedding prompts the Purcell architect to consider aspects of place and time

Joining the dots to make sense of disruption

Emulating the patterns of natural light and our deeply embedded responses to it are central to lighting design, said experts at the RIBAJ/Occhio lighting event

Light and atmosphere are the key to making a magical place