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The purpose of this paper is to show the extent to which clients amend standard form contracts in practice, the locus of the amendments, and how contractors respond to the amendments when putting together a bid.

Four live observational case studies were carried out in two of the top 20 UK construction firms. The whole process used to review the proposed terms and conditions of the contract was shadowed using participant observation, interview and documentary analysis.

All four cases showed strong evidence of amendments relating mostly to payment and contractual aspects: 83 amendments in Case Study 1 (CS1), 80 in CS2, 15 in CS3 and 29 in CS4. This comprised clauses that were modified (37 per cent), substituted (23 per cent), deleted (7 per cent) and new additions (33 per cent). Risks inherent in the amendments were mostly addressed through contractual rather than price mechanisms, to reflect commercial imperatives. “Qualifications” and “clarifications” were included in the tender submissions for post‐tender negotiations. Thus, the amendments did not necessarily influence price. There was no evidence of a “standard‐form contract“ being used as such, although clients may draw on published “standard‐form contracts” to derive the forms of contract actually used in practice.

Contractors should pay attention to clauses relating to contractual and financial aspects when reviewing tender documents. Clients should draft equitable payment and contractual terms and conditions to reduce risk of dispute. Indeed, it is prudent for clients not to pass on inestimable risks.

A better understanding of the extent and locus of amendments in standard form contracts, and how contractors respond, is provided.

Comments on the perceived unfairness of the tenant being responsible for latent building defects. Relates how the situation was changed in the early 1980s, making the commercial landlord responsible, which impacted developers. Discusses how insurance provides a solution, contrasting this with the “decennial” code. Explains how the policy should be worded and indicates premium costs. Concludes that future policies will have to be more comprehensive. Concludes that litigation is not a satisfactory solution.

Examines insurance issues which are likely to arise in the case of “sick buildings”, where many parties from building owner to employer to tenant could be held accountable for the problems of an equally wide range of sufferers. The regular classes of insurance include employee′s liability, public liability, professional indemnity, and latent and inherent defects, though it behoves insurance companies to make a firm commitment to addressing the problems of pollution and contamination.

Professional consultants are liable for damage resulting from negligent advice, design or acts. This research examines the perspectives of professionals involved in advice on the built heritage. It examines the risks for consultants as perceived by conservation advisory bodies, insurers, legal consultants and conservation consultants. The paper explores the risks assumed in conservation of the built heritage and control measures generally adopted. Results indicate two types of consultancy advice that incur different risk levels. Conservation consultancy can be separated by the knowledge and experience of the consultant(s) involved, either conservation awareness or general property and construction awareness only. The former can be further subdivided by the particular nature of their advice: advice relating to survey and valuation, and advice relating to repair and refurbishment. Consultants perceive clients to be divided into two categories: informed and uninformed. A typology of clients and professional consultants is presented, which indicates broad risk categories.

Facilities Management (FM) is a dynamic profession, which supports core business functions by creating cost-effective and risk-free built environment aligned with the strategic business directives throughout the building life cycle. This study aims to investigate and position the Facilities Manager’s role during building life cycle based on the stages of RIBA Plan of Work 2013.

A literature survey and in-depth interviews with experts were used to investigate the role of a Facilities Manager at the different stages of RIBA Plan of Work 2013. The gathered data were analysed using content analysis technique to explore the role of a Facilities Manager.

Research findings assert that advising the Client on cost-effective building expansion options as a vital role of a Facilities Manager at Strategic Definition stage. Further, briefing the Client’s requirement is a foremost undertaking of a Facilities Manager at Preparation and Brief stage. During the Concept Design and Developed Design stages, Facilities Manager plays a key role in value engineering exercises to ensure value for client?s money and also prepares operations and maintenance strategies to be used at the In Use stage. Moreover, Facilities Manager must have a technical training on buildings, services and systems at Handover stage to manage them at the In Use stages.

The role of a Facilities Manager identified in this study can be used as a guide by the Clients and project teams in obtaining their services during the building life cycle to enhance building performance.

The purpose of this paper is to analyse the practical policy arguments that support the exclusion of pre‐contractual negotiations in the interpretation of written contracts, and the more principled arguments for allowing such evidence to be admitted. This paper proposes that the exclusionary rule be relaxed in certain limited circumstances.

The paper adopts a black‐letter law approach focusing heavily upon the principles of law itself. It analyses the arguments for and against admitting pre‐contractual negotiations in the interpretation of written contracts through examining key court judgments, key journal articles and leading text under English law and other common law jurisdictions.

The findings show that the arguments advanced in support of the exclusionary rule, whilst of great significance, are not that convincing. The arguments for relaxing the exclusionary rule in certain limited circumstances are very strong.

Empirical study may show that the arguments in support of the exclusionary rule are not in practice as significant as postulated. The paper is focused on the law of England and Wales.

This paper will be instructive to commentators, lawyers, academics and students in the field of commercial contract law and parties to contracts.

The paper contributes to pushing back the boundaries of the developing law in the interpretation of written contracts.