Using the JCT Pre –Construction Services Agreement

With two stage tendering, popular JCT’s PCSA 2011 may be presented to you for signature at the end of the first stage.

We are seeing its use as well as the use of bespoke PCSA’s. We have our own bespoke version developed to suit our clients requirements.

Within the JCT PCSA there is the concept of there being a Second Stage Tender. Our experience is that the idea of there being a specific Second Stage Tender might not fit the facts during the pre-construction phase when contractor and the client costs and design teams develop the project.  The potential limitation on design liability is also worth reviewing.

Annexures A and B will need populating which could be tricky. It is worth remembering if the project not does not proceed beyond the pre-construction phase, then the PCSA will be the contract between the parties.

For those who have not come across a PCSA, JCT gives you at least a document to look at and sets out principles you will find in PCSA’s.