As a lawyer accustomed to dealing with the consequences of construction and engineering disputes, I generally advise my clients to avoid the use of a law (Letter of Intent) whenever possible. However, I know that, in many cases, this is neither realistic nor practical and that a well-crafted statement of intent is certainly more valuable than any written agreement. It should be noted, however, that LOIs and PCSAs (pre-construction service agreements) are used for very different purposes. A statement of intent is generally used when a contract cannot be concluded before the work begins, either because the need for the work to be performed has suddenly become apparent or because it takes a long time for the parties to agree on the detailed wording of the construction contract. On the other hand, PCS tend to be used as part of a strategy to eliminate risk from a project, for example in two-stage tenders. This can bring real benefits to a project that could not be safely achieved without pcSA or equivalent. CSSPs are useful when parties are actively working to develop their design, cost estimation and/or procurement approach or to resolve issues related to these issues. They should not be used to fill a gap if the parties have not properly planned a project or in the absence of a commercial commitment from the contractor. These notes were only created for the purpose of an article. They should not be seen as a substitute for legal assistance. For standard construction projects that do not follow the two-stage tender route, it is preferable to conclude a construction contract before the contractor begins the work. If this is not possible, ensuring that you have addressed the above points in a LAW will go a long way in avoiding uncertainty and putting you in the best possible position in the event of a dispute.
Similarly, the success of a PCSA or FEED contract in achieving its objectives will depend to a large extent on the integration of the above parameters and a clear and clear formulation. Traditionally, all these documents are developed in detail during a design review, after an offer has been agreed. A company using fee will develop these materials before submitting a bid. In this context, the following main considerations in the creation of PCSAs, FEED contracts and LOIs are common: front-end engineering focuses on the technical requirements and identification of the main costs of a proposed project.  It is used to set a price for the execution phase of the project and assess potential risks. In general, detailed design (or detailed engineering) follows. The time spent on front-end engineering is longer than in the case of a traditional tender, since the project specifications are carefully extracted and the following specifications are usually developed in detail: in short, for those who are not familiar with the process, a two-stage tender tends to be used when the contractor`s input is needed at an early stage. This can allow for a faster start in the field and allow the employer to get advice at an early stage from the contractor of the first stage if only the basic details of the project are available.
In complex projects, this approach can also allow the employer to determine how to manage them in phases and phases. .