A construction contract should be properly drafted, adhered to, and proactively administered throughout the life of the project.

The construction industry uses a range of contract types, some of which include standard, published forms of contract. Here’s the thing, there is no ‘standard’ construction contract and even when these published forms are used, they’re often heavily amended. If you have been given a contract by another party, we’d be confident that it’s been amended to protect their business and not yours.

“We are not only experts in the NEC and JCT contracts, but we also know how to navigate bespoke construction contracts.”

One of the reasons that Obsidyan was established was to ensure that companies had access to the right support for a wide range of contract services, whether they are smaller specialist contractor or a large construction company or employer. Whether it is drafting contracts for the engagement of contractors or specialist contractors or supporting a contracting party by reviewing and negotiating a better deal, we provide down to earth guidance.

Our advice sits in the sweet spot between a purely legal point of view and a commercial one. We recognise that your business operates in the real world, and it is not always possible to adopt a solely legal position. We have an advantage over lawyers as we have decades of experience of managing and administering construction contracts on the ground, so we know the challenges faced in practice. We are not only experts in the NEC and JCT contracts, but we also know how to navigate bespoke construction contracts.

Range of Services.

Our contract services can be neatly presented in the following discrete headings:

  1. Contract Drafting for Procuring Construction Services
    If you need to procure construction services, you will need an appropriate construction contract that suit their complexity and nature. The construction contract should set out the risks and obligations of each of the parties to ensure that the agreement reflects the anticipated outcome.  The drafting of construction contracts often sits within our commercial management capability of Supply Chain Management. We can support your company with establishing appropriate construction contracts for the successful delivery of the Project.
  2. Reviewing and Negotiation
    We have spoken with countless clients that had previously signed construction contracts without reading them. Their concerns were three-fold:

    • They were concerned that discussing the terms of the contract would result in not being awarded the contract.
    • They did not have the necessary knowledge or expertise to have the confidence to negotiate the terms.
    • They associated the negotiation of contract terms with being “contractual” or “confrontational”.

    Obsidyan has demonstrated to its clients, through tangible results, that you can not only negotiate terms and not lose work, but you can also reduce the risk to your business, still have a strong relationship and ultimately achieve a better deal.

    It is important to know that no amount of good relations and previous working history will stop a company protecting its own position if things go badly. Ensuring that the terms of your construction contract do not expose your business to unsustainable risks does not only make good business sense, but it’s also the right thing to do.

    Obsidyan can not only review your contracts to highlight the risks contained within it we can also sit shoulder to shoulder with you during the negotiation.

  3. Contract Templates and Standardisation
    If your company regularly procures construction services, whether they are consultancies, contractors, and specialist contractors it can be beneficial to standardise your documentation to improve efficiency and consistency. We know from experience that having a consistent way of doing business with your Supply Chain Partners can improve reliability of outcomes and reduce disputes as both parties understand the ‘rules of engagement’. We have also assisted clients with developing standard contracts for specific trades that will always seek to renegotiate terms and conditions to comply with their internal governance or risk appetite.
  4. Standard Trading Terms and Conditions
    If you currently have a set of standard trading terms and conditions that you use when submitting tenders, we can review these and suggest improvements to manage the risks you may be inadvertently accepting. We can also ensure that your standard trading terms and conditions comply with any construction specific laws. We have helped several companies improve the standard trading terms and conditions that they have acquired from previous companies or developed over a period of time. Your standard trading terms should reflect the goals of your business and reflect appropriate levels of risk.

Obisdyan is here to provide the contract services your business needs, feel free to contact us for a chat.

Obsidyan specialises in construction contract services, blending commercial acumen with real-world practicality. From contract drafting to negotiation support, we safeguard your business while enhancing relationships and ensuring successful results.