Non-standard bespoke forms of contract

Non-standard bespoke contracts create a large number of legal issues throughout drafting, review and negotiation. They are costly and time-consuming to produce and are untested in court.

For some projects, when amending a standard contract won’t do, the most efficient means of achieving a client’s requirements is to create a bespoke contract. In these cases, it’s critical to get the advice of an expert – it’s not always what you say that counts – it’s how you say it and what you don’t say.

Contractors are usually quite suspicious of bespoke contracts because they are different and unfamiliar. The contractor often has little choice but to accept what is on offer, however.

This section is maintained by Richard Mills of Mills & Co. Solicitors.

Document template: Heads of terms for construction contracts

RICS journal article: Understanding the complexity of hybrid construction contracts