The context of construction management (CM) reveals that this method of procurement is as much a management philosophy as a contract structure. It is important to consider legal and contractual issues in this context. The interplay between management and law is complex and often misunderstood. Before considering specific issues, the use of contractual remedies in business agreements is discussed. In addition, the extent to which standardising a form of contract detracts or contributes to the success of projects is also considered. The dearth of judicial decisions, and the lack of a standard form, render it difficult to be specific about legal issues. Therefore, the main discussion of legal issues is centred around a recently completed research project which involved eliciting the views of a cross‐section of experienced construction management clients, consultants and trade contractors. These interviews are used as the basis for highlighting some of the most important legal points to consider when setting up CM projects. The interviews revealed that the advantage of CM is the proximity of the client to the trade contractors and the disadvantage is that it depends on a high degree of professionalism and experience; qualities which are unfortunately difficult to find in the UK construction industry.
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1 January 1997
Review Article|
January 01 1997
Construction management contracts: law and practice Available to Purchase
WILL HUGHES
WILL HUGHES
Dept of Construction Management & Engineering, University of Reading, PO Box 219, Reading RG6 6AW, UK
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Publisher: Emerald Publishing
Online ISSN: 1365-232X
Print ISSN: 0969-9988
© MCB UP Limited
1997
Engineering, Construction and Architectural Management (1997) 4 (1): 59–79.
Citation
HUGHES W (1997), "Construction management contracts: law and practice". Engineering, Construction and Architectural Management, Vol. 4 No. 1 pp. 59–79, doi: https://doi.org/10.1108/eb021040
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