Hi We have a project just at pre-construction stage where we are entering into a professional services agreement with a view to moving onto a construction contract (ECC). However, for the project unless we order materials now the materials wont be ready for the start on site. Is it possible to use the PSC contract (by way of a Z Clause) to refer to the pre-order and then support that with a vesting certificate. Any views would be appreciated.
If there is no possibility of the Client ordering the materials and free issuing them to you or entering into a supply contract with you for them (which are both easier / preferable) then it would be possible to amend the PSC to do this however it needs to be done carefully and with consideration of the risks. I advise obtain specialist advice before proceeding down this route though.