Framework agreements in construction—standard forms

Produced in partnership with Andrew Millross of Anthony Collins Solicitors LLP
Practice notes

Framework agreements in construction—standard forms

Produced in partnership with Andrew Millross of Anthony Collins Solicitors LLP

Practice notes
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What standard form Framework agreements are published?

There are several published standard form construction framework agreements:

  1. •

    the JCT Framework Agreement (JCT FA)

  2. •

    the ACA Framework Alliance Contract (ACA FAC-1)

  3. •

    the NEC3/NEC4 Framework Contract (NEC FC)

JCT FA

The JCT FA was first published in 2005 as a non-binding version. It was aimed primarily at the private sector. Following criticism that it could not be used by the public sector (who are major users of framework agreements), it was revised in 2007. It was revised again in 2011 to make it compliant with the revised Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996), and the most recent version was published in 2017 (but labelled the 2016 edition as it forms part of the 2016 JCT suite).

The JCT Guidance note states that JCT FA is intended for the procurement of works over a period of time. Contracts called-off under JCT FA are intended to be governed by the form of JCT contract that is appropriate for the works being called-off.

ACA

Andrew Millross
Andrew Millross

Andrew is a Partner in Anthony Collins Solicitors LLP, specialising in all aspects of procurement and construction. He has been with the firm since 1997 and before then spent 7 years in-house in local government. Andrew also has a background in governance and public/private partnerships.

Andrew wrote the National Housing Federation 'Guide to the EU procurement rules' (2nd edition published 2007) a practical guide for registered providers of social housing on what contracts are covered by the rules, what the rules require and what practical strategies can be adopted to comply with them. He was the editor and main author of the 'NHF Contract Management guide' (published January 2010) and was the legal author of the NHF book 'Procurement in Practice; avoiding the pitfalls and getting the best result' (published 2013). Andrew also led the team from Anthony Collins Solicitors LLP that was responsible for updating the NHF Schedule of Rates Form of Contract in 2011. He is a member of the Procurement Lawyers Association and a member of the working parties that produced their guidance notes on tender evaluation, frameworks and the new Directive.

Andrew and his team work with registered providers, local authorities, ALMOs and central purchasing bodies to set up major contracts and framework agreements for maintenance, servicing, planned improvements and capital works and development. He also provides EU procurement training; reviews procurement processes and documentation and helps clients ensure that procurements are legally compliant. Andrew is currently working on a number of DLO and joint venture projects.

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Jurisdiction(s):
United Kingdom
Key definition:
Framework agreement definition
What does Framework agreement mean?

An agreement put in place between two parties which sets out the basic agreed rules by which the parties will work together on numerous projects.

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