24 June 2025 saw Edward Quigg, Partner in Construction at HF, deliver an insightful and practical talk for British Ports Members (BPA) members on Choosing the Right Contract.

The talk emphasised how choosing the right construction contract is critical to project success. It defines risk, shapes obligations, and influences how the market responds. The below sets out the key principles for selecting and tailoring contract forms, with a focus on market engagement, sector alignment, and the benefits of using standard forms under the Procurement Act 2023.

As members of the British Ports Association (BPA), our specialist team of marine and construction lawyers supports and advises clients across the UK and Ireland on a broad range of shipping and construction matters.

Explore our Marine Services and contact Stefanie Johnston (Partner in Marine), at stefanie.johnston@h-f.co.uk

Learn more about our Construction Law Services, or reach out to Edward Quigg (Partner in Construction and Procurement) at edward.quigg@h-f.law

 

Five Key Principles
  1. Contract Choice Shapes Risk and Market Appeal: Selecting the right contract is crucial not only for defining risk and obligations but also for attracting high-quality contractors by demonstrating fairness and clarity.
  2. Engage the Market Early: Use the Procurement Act 2023 provisions to conduct limited market engagement—consult with preferred contractors on proposed terms to gauge their receptiveness and refine your approach.
  3. Favour Standard Forms over Bespoke Drafting: Standard form contracts like JCT, FIDIC, NEC, and LOGIC have been rigorously developed and tested, making them preferable to bespoke contracts that are unlikely to match their robustness.
  4. Selecting the right contract commonly used within your sector ensures familiarity, reduces uncertainty, and enhances market engagement. For example, in the marine and port sector, FIDIC and NEC are generally the most suitable, with FIDIC often preferred by international contractors for its global recognition, and NEC more familiar to domestic UK contractors. For building projects with no marine interface, the JCT form is typically more appropriate. Meanwhile, the LOGIC Marine Construction Contract is specifically designed for offshore and subsea works, making it the best fit for projects involving underwater construction.
  5. Tailor Amendments Thoughtfully: Any amendments to standard forms should be carefully tailored to the specific project in collaboration with experienced professionals; avoid using generic sets of amendments that may not suit the project context.