This is How You Write a Procurement Essay for Law Class (2021) by Prof. Jack

Lawyers have the responsibility of offering legal advice to clients on matters of procuring construction contracts. For an inexperienced developer, the lawyer must provide the legal aspects of construction like land ownership and compliance with the urban development bylaws. Most importantly, they should guide their clients on the specific aspects of developing a contract and acting as a witness during the procurement process. If asked to write an essay about the construction procurement routes from the perspective of lawyer-developer consultation, a student can generate a report that contains the various items relevant to the selection and implementation of a contractual agreement.

The first thing that a lawyer ought to do is to consider the various procurement routes available to the client. These routes are universal and applicable to different contexts. However, they vary in their overall structure. The minute differences that exist among the contractual agreements have implications on the cost and quality of the project. A lawyer should have prerequisite knowledge about these differences and interpret their meaning to the client. While acting as a consultant for the customer, the feedback given to the developer should capture the specific details of the most recommendable option.

In the procurement report, the legal consultant should explain why the option chosen is superior to the other routes available. Thus, the price, risk, quality, and experiential requirements must feature in the essay. From the consultant’s point of view, the client needs to know about the price, his or her role in the implementation of the project, and the risk involved in taking this route.

A procurement route essay also contains information about the documentation required when engaging a contractor. A part of the report issued to the client should list the documents that the two parties need to generate and sign. The client needs to know where these documents are found and how they are applied to the contractual agreement. Therefore, the essay should mention documents such as a request for proposals and the terms and conditions. In the case where the contract follows a universal format, the essay should describe the various format available and what they mean to the client-contractor relations.

New Engineering Contracts (NEC) applicable in the United Kingdom are examples of universal agreements. These contracts have specific formats that vary according to terms of engagement between the developer and the contractor. A procurement essay, therefore, considers the different options under NEC and explains why the selected format is suitable for the client.

Finally, this essay contains a section about the mode of payment. Again, the payment modalities follow the selected contract. In some cases, the contractor may ask for partial payments. For a lawyer, the advice given to the client should look at the applicable legislation that guides the payment of money on a partial basis. The essay should connect this legislation with the NEC contract applied in the procurement process. For example, the UK Housing Grant, Construction, and Regeneration Act of 1996 acts as a guide to contractor-developer relations. Therefore, the lawyer should advise the client on the implementation of the provisions under this Act as well as the terms and conditions of the NEC contract.


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