Following Edward Quigg’s recent webinar for the British Ports Association (BPA) on Choosing the Right Contract for Ports, we’ve summarised the key takeaways in this short article.
At Quigg Golden, our team brings vast experience in contract advice and drafting, drawn from a wide range of complex projects across the UK, Ireland, and internationally, including multi-million-pound projects. Combined with our expertise in dispute resolution, we’re well placed to help you identify and manage contractual risks before they arise.
If you have any questions arising from the webinar or this summary, please don’t hesitate to contact our construction experts here. You can also explore our full range of contract advice and drafting services.
Let’s look at the key takeaways from Edwards webinar:
How Critical is it to Choose the Right Contract?
Choosing the right contract for port projects is critical to the success of both procurement and delivery. Port works often involve complex civil engineering, marine operations, and co-ordination with multiple stakeholders. The contract you select not only determines how risk is shared and managed but also signals to the market what kind of client you are. Using a fair, well-understood contract can help attract experienced contractors. Which is particularly important in a sector where skilled marine and infrastructure expertise is limited. The key aspects of choosing the right contract are discussed below:
Contract Choice Shapes Risk and Market Appeal
Choosing the right contract for your project is crucial, it does not only allocate risk and responsibility of a project, but it can also shape how the project is delivered and how attractive it is to the market. Having the right contract can make you a client contractors want to work with, making you attractive in the market.
Choosing a contract that is fair and well understood attracts the limited pool of competent, experienced contractors. In the contract, avoid drafting documents that seek to push all the risk onto the contractor and that include unreasonable obligations.
Engage the Market Early
The Procurement Act 2023 allows for a limited pre-market engagement. If unsure how the proposed terms will be perceived, sit down with contractors you wish to work with. Share your proposed terms and take on board their feedback.
Favour Standard Forms over Bespoke Drafting
Standard form contracts like JCT, FIDIC, NEC, and LOGIC have evolved through years of practical use and legal scrutiny. Drafting a bespoke contract from scratch is something that we would advise against. Due to the fact you’re unlikely to cover ground that hasn’t already been carefully considered in a standard form contract.
Choosing The Right Contract for Your Sector
The JCT, FIDIC, NEC and LOGIC contracts all cover issues such as:
Each contract deals with these issues slightly different, however one is not particularly more correct than the other.
We would advise to use the contract that is most commonly used in the market you are carrying out work.
Types of Contracts Based on Type of Work
Of the main contract choices for port works, and perhaps an oversimplification:
The choice between FIDIC & NEC4 is a personal choice between wanting an international contractor or a domestic one.
FIDIC would typically just push it over the line for an international contractor to complete the works. Whilst NEC4 would be favoured by domestic contractors as they understand it and accept the process well.
Tailor Amendments Thoughtfully
Once the standard form of contract is selected, project specific amendments are to be considered in collaboration with experienced construction lawyers and project managers. Working in collaboration will help to identify key relevant issues to the specific project’s circumstances. In some cases, firms have their own standard set of amendments that they use routinely. However, we advise that it’s unlikely that a generic set of changes will be any more suited to your project than an unamended standard form itself. A blanket generalised approach.
Conclusion
To conclude, in port construction when it comes to choosing the right contract, one size rarely fits all. However, choosing a contract aligned with the nature of the works and industry expectations is essential. Whether you’re dealing with marine infrastructure, civil works, or building elements, opting for commonly used contracts like FIDIC, NEC, JCT, or LOGIC, paired with thoughtful, project-specific amendments, can help manage risk effectively and appeal to the right contractors. Engaging the market early and avoiding overly bespoke or one-sided drafting will ultimately contribute to smoother delivery and stronger partnerships.
If you require advice, representation or training on what contract suits your project best, please get in touch with our procurement law specialist team here to learn more.
Published 15 April 2025
