L4M3 practice question 2 of 25

To expand its operation, Steel Co. decides to build a new plant. Despite of excitement, the senior management is very concerned about the complexity and risks of such project. Hugo, the procurement manager, suggests that the company can adopt a model form of contract. What is the advantage of using model form of contract?

Full set: 258 questions
Answer options
A: It shifts the balance of power in the favour of the buyer rather than the contractor
B: The company could avoid the need to draft a complex contract from blank Correct answer
C: Model form of contract eliminates the need for legal advice totally
D: The company does not need to draft the drawings as well as specification anymore
Correct Answer:
B. The company could avoid the need to draft a complex contract from blank
Explanation

Model form contracts are standardised, pre-written agreements developed by professional bodies for specific industries, such as construction (e.g., NEC, JCT, FIDIC). Their primary advantage is providing a comprehensive, well-structured, and legally robust template. This saves the organisation the significant time, expense, and risk associated with drafting a complex, bespoke contract from a blank page ('from scratch'). By using a tried-and-tested framework that covers common issues and allocates risk in a recognised way, the company can focus on the project-specific details (schedules, specifications) rather than the fundamental legal architecture. This directly addresses the management's concern about complexity.

Why Incorrect

A. Model forms are intentionally drafted to be balanced and fair to both parties, not to shift power in favour of the buyer.
C. While model forms reduce legal drafting work, professional legal advice is still crucial to select the appropriate form and make necessary amendments.
D. The contract is the legal agreement; it does not replace the essential technical documents like drawings and specifications which define the work.

References

1. Chartered Institute of Procurement & Supply. (2019). Commercial Contracting (L4M3). CIPS Profex Study Guide. Chapter 5: Contractual Terms

Section 5.2 'Model form contracts'

pp. 103-104. The guide states

"The main advantage of a model form contract is that it saves the parties the time and expense of drafting a contract from scratch."

2. Lysons

K.

& Farrington

B. (2020). Procurement and Supply Chain Management (10th ed.). Pearson. Chapter 16: 'Terms and Conditions of Purchase'

Section on 'Standard form contracts'. The text explains that standard forms provide a ready-made set of terms

which avoids the need for lengthy drafting and negotiation on common clauses for complex projects.

3. Uher

T. E.

& Davenport

P. (2009). Fundamentals of Building Contract Management (2nd ed.). UNSW Press. Chapter 2: 'Standard Forms of Contract'

p. 14. This academic text notes that standard forms are developed to "avoid the necessity of having a new contract written for each project" and to provide a "document that is familiar to all parties."

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