CECA has published new industry guidance on managing onerous clauses in construction contracts for contractors.
You can download the guidance here.
Commenting, CECA Director of Operations Marie-Claude Hemming said: “Considering the impact of amendments to (and perceived onerous) clauses within construction contracts is a challenge for all those working within our industry.
“While often used in good faith, they can weaken supply chains, restrict innovation, drive inefficiencies and increase costs unnecessarily.
“To this end, CECA has published a guide for clients and contractors when agreeing contracts.
“Due to competition rules, it is not a definitive set of do’s and don’ts, but more of a resource tool, offering a range of solutions to support positive discussions.”
It is the first of three documents to be published by CECA’s Legal & Commercial Group, and focuses on the common challenges faced by contractors. A second guide will be published in early 2024 on less common but highly damaging clauses, with a final guide to focus on managing commercial terms to be published later in the year.
If you are a CECA member and would like to know more about the guidance or about the work of CECA’s Legal & Commercial Group, contact Marie-Claude Hemming.