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In response to an assertion in the Egan report Rethinking Construction
that effective collaboration does not rest on contracts which can add
significantly to project cost without adding value for the client, a Reading
Construction Forum (RCF) working group was set up to explore the extent
to which tendering and contracts could be reduced to a minimum or even
be eliminated. The group reviewed partnering contracts currently in existence,
identified the need to include the management of risk as part of the contractual
arrangements, and reviewed available guidance on the management of risk.
The development of the approach to this suite of Collaborative Contract documents was made possible by the farsightedness, energy and,
above all, commitment of a large team of senior industry figures. Be acknowledges
our indebtedness to the following:-
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Giles Dixon, a solicitor with his own practice
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Ray Gorringe, then Commercial Director, Kier National Ltd
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Martin Howe, Partner, Bevan Ashford
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Stephen Ives, Managing Director, Hochtief (UK) Construction Ltd
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Andrew McKie, Associate, Buro Happold
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Andrew O’Brien, Service Delivery Director, Barclays Group Property
Services
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Keith Owen, Partner, Gardiner & Theobald
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Marc Preston, Consultant, Capital M3 Ltd
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Mr Peter Thompson, Senior Project Manager-Construction, Slough Estates
plc
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Ken Williamson, Insurance Manager, Kier Group Services
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Malcolm Dodds, then Director, Reading Construction Forum
Particular thanks are due to our two lawyers, Giles Dixon and Martin
Howe, for their central role in both the concept and detailed design of
the Be Collaborative Contract.
The working group consulted selectively, but widely, among the legal
profession and within the industry, and Be is indebted to all of those
who spent time and effort on reviewing draft documents and sending us
their comments, often through a lengthy series of iterations. Their input
has been invaluable.
Malcolm Dodds
Be
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