Contractual Provisions for Health and Safety: Standard Form Contracts in the UK Construction Industry

The importance of construction sector activities to any economy cannot be overstated yet this industry is faced with numerous concerns with Health and Safety (H&S) practices being at the top. This study examines H&S contractual provisions in four standard form contracts widely used in the UK construction industry because of their 'bargaining power'. It is established using content analysis and literature review that the Joint Contracts Tribunal (JCT) and General Conditions of Government Contracts for Building and Civil Engineering Works (GC/Works) embrace key features of secondary legislation such as compliance, cooperation and competence while the New Engineering Contract (NEC) and Federation of Consulting Engineers (FIDIC) contracts promote flexibility, fairness and certainty. The novelty of this study is in its ability to compare H&S contractual provisions with key features of the Construction (Design and Management) Regulations 2007 (CDM 2007). The conclusions drawn from the study demonstrate the need for greater clarity and uniformity in standard form contracts particularly in the area of H&S.