Book reviews

This book is intended as an addition to the Greens Practice Library and therefore it is assumed that its target readership is legal practitioners. Designed “to provide practical guidance”, and not concentrating on “legal minutiae”, the preface gives us advance warning that the majority of issues addressed in the book are the subject of much fuller treatment in other texts. There is no doubt that there are many other texts which provide more in-depth analysis of the many issues raised by the subject of construction procurement, but there are few which attempt to cover the breadth of issues touched upon here and it has to be acknowledged that, despite the necessary superficiality of treatment of the issues, this breadth undoubtedly enhances the book’s usefulness.

Procurement is a complex subject and means different things to different industry sectors but the areas focused upon here are probably the most significant ones and in choosing them, the authors have covered the types of issues which construction practitioners are most likely to require to advise upon.

The emphasis upon practical issues, such as the assessment and definition by the employer of his requirements to enable the correct procurement route to be devised and implemented, is strong from the outset. The first two chapters focus not upon the legal issues which may require to be considered in putting together a procurement package, but on the more commercial processes which have been identified by various industry bodies as essential to a successful construction project. Following on from this, the most common construction procurement methods are described in relative detail, although the difference between “dual appointment design and construct” and “design novate and construct” does not shine through.

The first half of Chapter 4 endeavours to give an insight into the important process of evaluation of different procurement methods. This is a complex technical subject and it would be wise to include a health warning that what we are given is a very brief flavour of the underlying process which cannot be said to deal comprehensively with what is actually required to achieve a proper evaluation of choices of procurement.

The subject of standard form contracts is covered satisfactorily, identifying and analysing the most frequently used standard forms of contract. The handling of this fundamental area is such that a practitioner unfamiliar with the area may well be dazed on seeing the list of contracts, following one after the other. Although there is some categorisation to make the topic more manageable, it is suggested that it would benefit from being set out with more clarity and in a less dense fashion, to avoid an overwhelming sense of never-ending alternatives. In addition to Chapter 4, Appendix 3 contains a comprehensive list of standard forms available for use but without any indication, other than in the briefest sense, of when one might be preferable to use over another. There is no link between Appendix 3 and Chapter 4 which begs the question whether there is any need for Appendix 3 at all.

The regulatory framework of procurement at both UK and EU level is clearly laid out with helpful references to key legislation and EU procurement threshold levels. The only surprising omission is any reference to the Harmon case, a major development in the recovery of damages for breaches of procurement regulations, which has caused a great deal of concern amongst public authorities in the procurement of construction (and other) works.  

The principal question left in mind having read this publication is: “who is it designed to assist?”. Those practitioners who are advising in this area should, it could be argued, be knowledgeable to at least this level on the issues dealt with, although it could well prove to be a good reminder instrument for those specialists already practising and advising in this area. It could be described as a useful springboard to identify points which can then be explored in more depth through other sources. For practitioners who are starting out in this area, it does provide a useful overview of key subjects, setting the procurement scene, and provides many useful references to lead on to further in-depth reading.

Julia Maguire, Masons Solicitors