Unfair Contract Terms in Construction - DMA Group Skip to main content
DMA Group Unfair Contract Terms in Construction

Why Fairer Agreements Deliver Better Projects

DMA Group supports industry calls for balanced, transparent and commercially workable contracts that strengthen collaboration, reduce risk and improve project outcomes.

Industry conversations are increasingly highlighting the operational and commercial impact of heavily amended construction contracts, particularly where risk allocation becomes disproportionate or unclear.

Through the contributions of DMA’s Commercial Director Colin Callow, COO Projects & Engineering Ian McGregor and Quantity Surveyor Zach Ingram, we were proud to join Gloster MEP Ltd and host   Turner Townsend alinea in an important workshop discussion and support its central finding that balanced, transparent, and commercially workable contracts are essential to successful project delivery.

Across the industry, standard forms such as JCT, NEC and FIDIC were originally designed to create balanced frameworks for risk allocation. However, when these are over-amended with bespoke clauses, unclear liabilities, or disproportionate obligations, the unintended consequences can be significant.

The key themes explored included:

  • Reduced appetite from contractors to tender
  • Increased pricing as risk is built into returns
  • Greater ambiguity leading to disputes
  • Weaker collaboration across the supply chain
  • Unnecessary pressure on programme certainty and project outcomes.

For specialist contractors and FM delivery partners alike, clarity of scope, fair payment mechanisms and proportionate design responsibility are essential if projects are to remain commercially viable and operationally deliverable.

We see first-hand how the best outcomes are achieved when contracts are used as frameworks for collaboration rather than tools for enforcement. Balanced risk allocation creates trust, encourages transparency and supports better value for clients over the lifecycle of a building or infrastructure asset.

Steve McGregor, Executive Chairman of DMA Group, said:

“Unfair contract terms rarely create better protection; more often, they create hesitation, inflated costs and adversarial behaviours before a project has even begun. The strongest projects are built on clarity, trust and a fair allocation of risk that allows every party to focus on delivery rather than defence.”

This conversation is especially important at a time when the industry needs stronger partnerships, resilient supply chains and greater confidence in delivery.

We’re proud to support Turner & Townsend alinea’s call for more transparent, equitable and practical contract approaches, and we encourage customers and consultants alike to consider how balanced terms can unlock better outcomes for everyone involved.

Read the full Turner & Townsend alinea article here.

With thanks to Turner & Townsend alinea for leading this important industry discussion and allowing DMA Group to share and support its findings.