Design

Design liability in construction contracts

If a party is said to have ‘design liability’, it means that it bears legal responsibility for all or part of the design of construction/engineering works. Typically on a construction project, several consultants, and often the contractor and some of its sub-contractors, will be involved in producing and developing the design and will have ‘design liability’. Which parties bear responsibility for the design on any construction project will vary depending on the procurement route selected. See Practice Note: Design liability in construction contracts.

Design liability is an important, and sometimes contentious, issue in construction projects (see Practice Note: Common claims under construction contracts). For an examination of the design related issues that typically arise when negotiating a building contract, see Practice Note: Negotiating a building contract—design issues.

The standard of care to be exercised by a particular party in relation to the design will depend on whether that party is a consultant or contractor, and what the express and implied terms of the contract are. Ordinarily a consultant is required to carry out its services with reasonable skill

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Scottish Government launches consultation on housing delivery incentives and penalties

The Scottish Government has launched  a consultation seeking views on measures to accelerate the build-out of homes on sites already identified for housing development, in response to falling housing starts and completions despite a substantial pipeline of consented land. The consultation supports the Housing Emergency Action Plan and related planning commitments, and examines whether incentives, penalties or other interventions could increase delivery rates, including for small and medium-sized housebuilders, within a plan-led, infrastructure-first framework under National Planning Framework 4. It is informed by evidence that slow delivery is driven primarily by post-consent factors such as market absorption rates, viability constraints, infrastructure costs, public sector risk exposure and limited developer capacity or commitment, rather than by the planning permission process itself. Drawing on previous reviews and research by bodies including the Competition and Markets Authority and the Scottish Land Commission, the consultation outlines potential approaches such as land assembly, public sector-led development, reform of compulsory purchase and sales powers, and policy tools to influence build-out rates, and notes that any future action may require legislative change in the next parliamentary session and would be subject to appropriate impact assessment. The consultation closes on 30 April 2026.

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