The IMechE/IEE model forms of contract: an investigation into the history and development of the forms, with particular reference to the allocation of contractual risk, including a survey of the industry's perception (BL)

This thesis investigates the creation and development of the model forms of contact produced by the Institution of Electrical Engineers and the Institution of Mechanical Engineers. This investigation commences at the turn of the century and extends to the present time, mid-1997, when the current model forms are being revised in the light of the Latham Report and the recently enacted Housing Grants. Construction and Regeneration Act 1996. In particular, the inquiry into the evolutionary process by which the forms have developed is intended to reveal whether this process results in a satisfactory allocation of the contractual risks between the parties concerned. By contrast, certain recently produced standard forms have been created ab initio.The starting point is the creation of the form in the period 1900-1903. (This includes reference to Robert Hammond, the individual who conceived the idea of such a model form and arranged for its production.) Thereafter, an overview is given of the development of the range of forms in the period 1903-1983, although the focus is on the evolution of the primary form, 'A'.The production of the completely revised primary form, now known as MF/l, in the period 1983-1988 is considered in detail, with particular attention being paid to the debate on key clauses, as the various interest groups within the industry sought to influence the allocation of contractual risk.The thesis concludes with a survey of current views as to standard/model forms. In particular, opinions as to MF/1 and the Latham proposals are assessed.