Should the contract stay in the bottom drawer?

You must have heard this saying before and I think, with traditional contracts, there was some sense to this. Most standard form contracts are drafted quite negatively and seem to expect failure...if you do this wrong, this is how hard I will kick you.....not quite drafted like that but you get my drift!

I think NEC3 contracts are different. I think we should regard NEC3 contracts as a sensible tool to help parties solve problems or exploit joint opportunities. So rather than roll them up and bash the Contractor over the head, why not have them out on the table, well thumbed and use them to create some good outcomes for all. And don't be afraid to quote clauses and stay inside the contract; the more we veer away from the contract the more likely we end up in someone else's playground, who will love your attendance!

Thoughts?

Why aren't we collaborative by nature?

I was just watching a webinar on collaboration. It's good to see modern day emphasis on collaboration, working together, sharing risk, joint problem solving and so on. Tools like NEC3 contracts, BIM and the incredible pace of technology can only help reach whatever goal we have in mind. But when did we decide not to be collaborative? Does this trace back to our outdated social class system? Are we still dogged by professional snobbery?

From my observations of the UK construction industry in particular, it has been incredibly painful to watch people be as non-collaborative as they can possibly get away with. This must have had a huge negative implication on people. But how long will it actually take to re-shape such a fragmented industry to allow a huge and genuine cultural change? Any thoughts?

A survey on your thoughts on contracts

Dear all,

RICS are doing a short survey on your thoughts on the form of contract you use most. Unfortunately it's only available to members and you have to log into the RICS portal to get there but once you do search 'Contracts survey' and away you go....

Rob