The protocol establishes:
- how the framework will be managed
- how a contract will be formed for each project.
The protocol is the model you develop for agreements with the framework contractors. The protocol becomes an agreement when it is adapted to each particular relationship and signed by both parties.
You will work with legal colleagues to prepare the protocol.
Remember you are setting up contractual arrangements that will run for some years. So be sure that you get independent advice from a lawyer with experience in drafting framework agreements for construction work.
Framework Agreement
The framework agreement governs the relationship between client and contractor over the life of the framework. The agreement envisages a series of project contracts.
Examples
Here is an Example framework agreement. Remember you will need to get legal advice on the particular agreement that suits your framework.
This Example target cost model shows the pain/gain arrangements for this framework.
Form of contract for projects delivered under the framework
Frameworking is an example of strategic partnering, so your contract should reflect how partnering actually works, which is quite different from the traditional contracts which apply only to the construction phase and which can foster adversarial behaviour. You should not be using any form of traditional JCT, ICE, MF1 or IChemE contracts, even with bolt-on partnering agreements.Form of contract for projects delivered under the framework
We advise that you consider the emerging range of modern contracts designed to encourage collaboration. You must take legal advice to ensure that your framework agreement and subsequent project contracts run together seamlessly.
Why not just use a series of stand-alone contracts? It may be possible to use a recognised partnering contract for a programme of similar works by treating each part of the programme as a ‘section’. But you would need special terms to facilitate this, especially what happens in the pre-construction phase when you anticipate gaining the most benefit. It would normally be simpler to create a separate strategic partnering agreement overlaying a series of project contracts.
