Pre-Construction Services Agreements

A Pre-Construction Services Agreement (PCSA) is used to appoint a design and build contractor to carry out services before entering into a formal building contract. If you need advice on an agreement, have a dispute or would like one drafting, then our team are on hand to assist.

Pre-Construction Services Agreements (PCSAs) are increasingly being used in large or complex construction contracts, combined with two-stage tendering.

The contractor partner may be selected based on overheads, preliminaries and non-financial factors such as track record and capacity for the works. The aim is that risks can be exposed at an early stage to produce more robust pricing.

A PCSA is sometimes referred to as a Pre-Construction Agreement (PCA) and is used in two-stage tendering to obtain further design input, buildability advice, technical advice and detailed costs information from a prospective contractor.

A PCSA is a formal agreement to provide specified services (and sometimes to carry out specific works) and is not a letter of intent.

Free Initial Discussion

For a free initial discussion and a no-obligation quote, get in touch with us today by simply calling us on +44 (0) 203 909 9590 or email us at and a member of our commercial construction team will get back to you.

The Pre-Construction Services Agreement enables the contractor to collaborate with the employer or their team of consultants to develop detailed designs, the main contract works or to compile specialist tender documents.

Typically, they are part of a two-stage tender process, used in the first stage to procure contractor involvement in the design process. This can enable the contractor to:

  • Advise on buildability, sequencing and construction risk
  • Advise on the packaging of the works (and the risks of interfaces between packages)
  • Advise on the selection of specialist contractors
  • Assist with any planning application on matters concerning the build phase, such as: waste disposal proposals, construction traffic movements, tree preservation protection etc
  • Contribute to the design process
  • Draft the preliminaries for specialist and trade contractor bid documents
  • Formulate a site layout plan for the construction stage
  • Help develop the cost plan and construction programme
  • Help develop the method of construction
  • Obtain prices for work packages from sub-contractors or suppliers

This early participation of the contractor should improve the buildability and cost-certainty of the design as well as creating a more integrated project team and reducing the likelihood of disputes.

No matter what the nature of the project is, owners, developers, contractors and funders need specialist construction law advice on contracts, warranties, appointments and related documentation. In today’s climate, ensuring that risk is clearly understood, and projects are completed on time and to budget is more important than ever.

Our specialist construction solicitors have the professional knowledge to advise on contracts from commencement of a project to completion and we have a robust approach to the resolution of disputes.

We work with many stakeholders in an array of construction projects. Therefore, have a comprehensive view, which saves clients time and money. The team has in-depth experience in dispute resolution and can also offer expert advice on litigation if it becomes necessary.

Why Choose Us

Our style is to be proactive and work with you to achieve your objectives. Our depth and breadth of expertise enable us to add value by making sure contracts and agreements are dealt with in the most robust manner.

We aim to work with you to help to deliver your projects successfully and efficiently and to resolve disputes as swiftly as possible. Whether you want general advice or strong action, we have the knowledge and experience to help you in the most effective way.

We are able to clearly explain the legal issues and provide you with expert advice in your specific circumstances.

How to Get in Contact

For a free initial discussion and a no-obligation quote, get in touch with us today by simply calling us on +44 (0) 203 909 9590 or email us at and a member of our commercial construction team will get back to you.

We specialise in construction law and real estate matters and have an excellent reputation across the country. We can assist wherever you are in the based and have offices in central London.