Preconstruction Services Agreement Definition

In most construction input lists, there will be a design input element, and custom PCSAs typically make the contractor responsible for such design advice. One of the peculiarities of the JCT PCS is that they expressly provide that the contractor is not responsible for the design, unless the contractor is entrusted with a main construction contract for the project. If the developer receives advice from the contractor, it seems illogical that the developer should not appeal to the contractor because of defects in its construction advice. If the main contract for the construction of the project is a design and construction contract and another contractor is appointed at a later date, that prime contractor may be reluctant to assume full responsibility for the design, as the prime contractor would not be able to use such design advice from the CAAP holder. Third parties who aspire to rights to the project may also question their rights with respect to such early design advice. For more information on construction advances in the construction sector, see practice note: Pre-construction contracts. A PCSA is indeed a form of consultant commissioning and many of the main provisions of PCSA follow this analogy, such as for example. B the obligation to provide the services with the level of competence, diligence and diligence expected of an experienced contractor in projects of similar size, size and complexity. Ideally, once construction is complete, these services should be grouped together in the main contract in order to obtain individual liability, facilitate the identification of the contractor`s area of responsibility and, if necessary, provide rights to third parties.

PCS are often used in design and construction projects in order to obtain early contributions from the contractor. They can also be used to obtain advances of work from specialists appointed either by the contractor or by the client (e.g. B under a construction management contract), either for private finance initiative (PFI) or public-private partnership (PPP) projects to obtain contributions from contractors for a consortium applying for a project. In the first phase, the parties finalize a PCSA, the contractor advises the employer on the constructability of the project, the final estimate and other construction advances. Only when this happens does the employer call on the contractor for the construction phase under a construction phase contract (often on the basis of a standard form contract, for example. B a JCT or NEC3 form). A service pre-construction contract is part of the framework. It establishes the relationship between the employer and the preferred contractor for the construction period, which will begin with the latter`s appointment and end with the signing of a construction contract. .

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