Construction Project Procurement

Simply put, the term procurement, in construction projects, typically means the process of choosing a suitable method to obtain the necessary materials, goods, and services to complete a development.

On a typical building project, the choice will be between either the “traditional” or “design and build” procurement route. There are numerous other procurement routes too, which may be more appropriate in a given scenario.

With traditional procurement the design and the construction of the project are kept separate.

With design and build procurement the contractor undertakes both the design and construction of a scheme. The employer provides a document known as the "employer's requirements" and the contractor replies to this in a document known as the "contractor's proposals"; together these documents set out the scheme to be built. The employer appoints a consultant to administer the building contract, known as the employer’s agent.

Contracts in the procurement process

We draft, review and advise in procurement contracts with various suppliers to ensure clarity, risk allocation, and legal compliance. These contracts include:

• Main Contractor Agreement – the primary contract between the client (employer) and the main contractor responsible for executing the project.

• Subcontractor Agreements – contracts between the main contractor and specialist subcontractors (e.g., electrical, plumbing, HVAC).

• Supply Contracts – agreements with material suppliers for construction materials, equipment, and resources.

• Consultancy Agreements – contracts with architects, engineers, project managers, and other consultants providing professional services.

• Joint Venture Agreements – if multiple entities collaborate on the project, this contract defines roles, responsibilities, and profit-sharing terms.

• Design & Build Contracts – where a single entity is responsible for both designing and constructing the project.

• Framework Agreements – long-term contracts with suppliers for repeated procurement needs across multiple projects.