Design and Build in Action

The author is Partner and Head of Projects and Construction at Trowers & Hamlins, the leading City of London firm of solicitors.

This book examines the Design and Build (D&B) method of procurement - its strengths, weaknesses and idiosyncrasies. Crucially, case studies of D&B projects on which the author has advised are included in the book.

A diverse group of designers and/or a diverse group of contractors leave a client feeling uncomfortable as to who carries the ultimate responsibility for delivering the end product (for a client, there is great distress in realising that the person to whom they are talking has a whole list of reasons explaining why a defect in the project is someone else’s fault). Hence, the popularity of D&B and its growth during the recent recessionary years where client-led demand won the day. Currently, D&B takes up nearly 40 per cent of the construction market share, and the attractions of greater cost and time certainty as well as single point responsibility are hard to deny.

The book begins by looking at the reasons for the increasing interest in D&B; it then examines the basic components and principles of D&B, covering such issues as what is a D&B contract, the level and scope of liabilities, hybrids - what do they really mean and how many of them are there (design, manage, construct, etc.)? Chapter three looks at the basic law; this is followed by chapters on: legal and practical pitfalls, the role of the professionals, novation, subcontractors and suppliers, health and safety, D&B in housing/urban regeneration, D&B in commercial/complex projects, D&B on contaminated land, D&B and partnering, D&B and PFI, D&B under Latham, JCT 81 amendment 12 and appendices - D&B standard forms (JCT 81, ICE Design and Construct, GC Works/1 Edition 3, FIDIC design and build, Engineering and Construction Contract, Forms of sub-contract).

Introduction

The basic principles

The basic law

Legal and practical pitfalls

The role of the professionals

Novation

Extra contractual protections

Subcontractors and suppliers

Health and safety

D&B in housing

D&B in commercial/complex projects

D&B on contaminated land

D&B and partnering

D&B and PFI

D&B under Latham

JCT 81 amendment 12

Appendix - The D&B standard forms - JCT 81

ISBN: 1 902375 02 5

Publisher: Chandos Publishing (Oxford) Limited