30/03/2025
*UNGUIDED USE OF STANDARD FORMS OF CONTRACT: CAUSE AND EFFECT*
One of the veritable skills which every contract drafter must possess is the dynamism to draft a contract to suit the peculiar circumstance of a project.
Standard forms of contract such as JCT, FIDIC, NEC, etc., are standard and boiler plates contracts that are made by international standard organisations specifically for construction projects. Many construction professionals prefer to adopt these forms of contract to govern their projects, because, among other things, they are readily available, tailored and specifically made for construction projects, and have been used by many on various construction projects.
No doubt that standard forms of contract have diverse merits considering their applicability on construction projects, however, it is my contention that, over-reliance and unguided use of standard forms of contract can have grave consequences. For the avoidance of doubt, each construction project is unique, therefore, when using standard forms of contract, care must be taken to take into cognisance the uniqueness of the contract at hand, and incorporate such in your contract. It could be in the form of necessary modifications, that could occasion the addition of salient clauses that the unique contract at hand requires. This, of course, requires core expertise and mastery of the art of construction contract drafting; little wonder many professionals prefer to use the standard forms without any modifications, so as to avoid the stress associated with such modifications, albeit, at their own risk, and detriment of the project at hand.
In conclusion, it is instructive to note that, while using standard forms of contract is good, over-reliance and unguided use of same could have grave consequences which could affect effective contract administration, leading to claims, cost overruns, dispute, and eventual project abandonment, if care is not taken.
Should you need professional help with your construction contract, do not hesitate to approach those with professional expertise on same, to avoid stories that could touch the heart and soul of your project.
*Taiwo Oyeniyi, Esq.,*
*March 29, 2025*
QS AG Saviour PMNIQS