• International Workplace
  • 25 July 2007

BPF launches fully updated consultancy agreement

The BPF Consultancy Agreement, fully updated to include changes to reflect the Construction (Design and Management) Regulations 2007, is available to buy from Workplace Law today.

Developed by clients in consultation with the industry, the BPF Consultancy Agreement was first published by the British Property Federation in association with Workplace Law Group in 2005 and endorsed by the Construction Confederation. It reflects the market requirements of property developer clients and their funders.

Under the Consultancy Agreement, the same terms apply to each consultant with optional clauses to deal with their different roles. It can be used for traditional contracting and design and build projects (both with and without novation) and includes coordinated lists of services in tabular form for each discipline, showing how each member of the team relates to the others.

The Consultancy Agreement adopts the same style and approach as the JCT Major Project Construction Contract 2005 — it is simple, clear, short and easy to read. It also contains the form of novation agreement missing from JCT MP. It does not contain provisions designed to transfer the risk of the Consultant’s default to the client such as net contribution clauses or caps or limits on liability.

The Consultancy Agreement provides for a lump sum fee with a clear list of circumstances in which it adjusts. It also includes third party rights but has provison for the parties to use collateral warranties where they would prefer to do so.

Roger Squire, Chairman of the BPF's Consultancy Agreement Working Party, says:

“I am delighted that BPF consultancy Agreement has been updated to take account of the new Construction (Design and Management) Regulations 2007. This demonstrates the BPF’s commitment to the Form and its desire to keep it up to date so that it can be easily be used by everyone concerned with the building procurement process.

“This consultancy agreement is written by clients for the use of clients. It is written in simple language and is both easy to use and comprehensive in its cover across members of the team. I commend this revised edition to all as part of a coordinated set of project documentation.”

The BPF Consultancy Agreement is priced at £30 plus VAT and can be downloaded in PDF and Word format immediately, giving you instant access to the documents you require.

Order your copies before 1 August 2007 and save 15% on the normal price. To order your copies call 0871 777 8881 or click here» to buy online.