132 Construction contracts

8.5THE BURGEONING LANDSCAPE OF STANDARD FORMS

Despite frequent calls from various quarters over the last few decades, there is no way that the number and diversity of standard-form contracts will reduce. First, there are many organizations and institutions who see the value in being perceived as originators of forms of contract. A new form of contract attracts a lot of attention and interest in the construction sector. If it is carefully thought out and introduces new and interesting ways of working, then even if it is not generally taken up in practice, it can have a strong influence on how future contracts are drafted. Second, the ever-growing diversity of materials, components and techniques requires increasingly diverse professional and technical skills to deal with them. These are the drivers for the kind of complexity and communication issues that require new kinds of contract to deal with new kinds of co-ordination and risk issues. Third, the expense of litigation, whether in time or money terms, is an ever-present threat to harmonious business relationships. Finally, institutions of all kinds are constantly battling for the attention of potential members or supporters, and for influence with policy-makers. Standard-form contracts are clearly important tools in shaping the institutional infrastructure of the construction sector. For all of these reasons, there are far more standard-form construction contracts than those covered in this Chapter. As stated at the beginning of the book, our aim is to cover the general principles of construction contracting, rather than to provide a comprehensive analysis of one or two specific forms.