Construct Only Contracts: Pros, Cons, and Considerations

When it comes to construction projects, one common type of contract is the construct-only contract. This article aims to shed light on the advantages, disadvantages, and important considerations associated with entering into a construct-only contract. Whether you are a contractor, project owner, or stakeholder, understanding these aspects can help you make informed decisions and navigate the complexities of construction agreements.

Pros of a Construct Only Contract

Cost Control: One significant advantage of a construct-only contract is the ability to exercise greater control over costs. With this arrangement, the project owner assumes responsibility for the design and planning stages, allowing for a fixed budget. Contractors, in turn, focus solely on construction activities, limiting the potential for unforeseen design changes and cost escalations.

Specialised Expertise: By employing a construct-only contract, project owners can benefit from the specialised expertise of contractors. These professionals bring years of experience and technical know-how to the table, ensuring that construction work is executed efficiently, accurately, and in compliance with applicable regulations.

Flexibility: Construct-only contracts provide flexibility in terms of project customisation and modification. As the project owner retains design authority, they can easily adjust plans and specifications during construction without renegotiating design contracts. This flexibility allows for adaptability to changing circumstances or emerging requirements.

Clear Responsibilities: In a construct-only contract, the division of responsibilities is clear. Project owners are responsible for the design, permits, and procurement of materials, while contractors are solely accountable for executing the construction work. This clarity helps minimize confusion and potential disputes between parties.

Cons of a Construct Only Contract

Increased Owner's Liability: By assuming responsibility for design and planning, project owners also assume greater liability for any design errors or omissions. Should any issues arise during construction due to design flaws, the burden falls on the owner to rectify them. This liability can lead to additional costs and potential legal disputes.

Limited Contractor Involvement: In a construct-only contract, contractors are brought into the project at a later stage, limiting their involvement in the initial design and planning processes. This may result in missed opportunities for contractors to contribute their expertise and suggest improvements or cost-saving measures.

Less Collaborative Approach: The construct-only approach can sometimes foster a less collaborative environment between project owners and contractors. With limited contractor involvement in design decisions, the synergy between design and construction may suffer. Close collaboration between both parties is essential to ensure the project's success.

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Things to Consider when Entering into a Construct Only Contract

Clear Communication: Open and transparent communication between project owners and contractors is crucial to avoid misunderstandings. Clearly define project requirements, expectations, and deliverables in the contract. Regular communication during the construction process helps address any issues promptly, reducing the potential for disputes.

Expert Legal Advice: Before entering into a construct-only contract, it is advisable to seek legal counsel experienced in construction law. An attorney can review the contract terms, assess potential risks, and help negotiate favourable terms. This step can protect your interests and minimise legal complications in the future.

Comprehensive Project Documentation: Maintain thorough project documentation throughout the construction process. This includes recording changes, approvals, and any communication between parties. Detailed documentation helps resolve disputes and serves as evidence in case of disagreements or claims.

Performance Monitoring: Establish a system to monitor and evaluate the contractor's performance during construction. Regular site visits and inspections allow project owners to ensure compliance with quality standards, timelines, and safety regulations. Address any deviations promptly to keep the project on track.

What kind of alternative contract is there?

The other main form of a construction contract is a design and construct contract. If you would like the contractor to be responsible for design and delivery of the project, or, the project documentation is not complete, then you should consider using a design and construction contract.

Do you need a construct only contract drafted for your project?

We can assist you with drafting and preparing construct only contracts including:

  • AS 4000-1997 general conditions of contract suite;
  • AS 2124-1992 general conditions of contract suite; and
  • bespoke contracts.
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Looking for a construction contract to be drafted? Contact us today.

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