Determining the correct procurement strategy and contract for any project, as well as the robustness of the Employer’s Requirements, are key to risk mitigation for the client.

When a client’s full brief is still to be established, we would propose a single-stage Design & Build procurement route, but with design completed up to RIBA Stage 4 and with a JCT Design & Build 2016 contract with amendments. We work with construction lawyers to tighten up some areas of the JCT D&B contract that could otherwise leave our client exposed.

In order to determine the tender list, Modus would propose to undertake a Prequalification Questionnaire process on a selected number of potential tenderers. These potential tenderers shall be required to answer a list of questions based on the requirements of the client and the funder, which is then used to decide whether or not it will engage with that tenderer for the full tender process. The questions during this process shall be centred around the appropriateness of a potential tenderer including legal status, business and professional conduct, financial position, insurances and capability.

As aforementioned, in addition to selecting the correct contract, Modus will work with construction lawyers to ensure that performance bonds, parent company guarantees and collateral warranties are all a prerequisite of the overarching contract to produce both the client and the funder with maximum protection.

Would you like more information on how we assist in the procurement and contract selection process? Contact one of our team.