Negotiating a building contract—design issues

The following Construction practice note provides comprehensive and up to date legal information covering:

  • Negotiating a building contract—design issues
  • 1. The draft building contract provides that the contractor will be responsible for the whole of the Employer’s Requirements
  • Employer’s position
  • Contractor’s position
  • Compromise/negotiated resolution
  • 2. The draft building contract provides that the contractor confirms that the Employer’s Requirements are satisfied by the Contractor’s Proposals
  • Employer’s position
  • Contractor’s position
  • Compromise/negotiated resolution
  • 3. The draft building contract provides that the contractor is responsible for all design in respect of the works, including that in the Employer’s Requirements
  • More...

Negotiating a building contract—design issues

This Practice Note is a negotiation guide, looking at some of the most common issues that arise in relation to design in the drafting and negotiation of building contracts. It looks at provisions that are commonly proposed during the negotiation of a building contract, at the issues that provisions that the employer includes in the draft building contract can cause for the contractor and how the contractor will typically respond to them. It also considers how, in order to be able to agree the building contract, the parties might be able to resolve these design-related issues and, where possible, reach a compromise position that is acceptable to them both.

This Practice Note does not focus on a particular form of building contract, the draft contract in which these issues could arise might be a standard form with schedule of amendments or a bespoke form of contract.

For ease of reference, this Practice Note uses the expressions ‘Employer’s Requirements’ (ERs) to refer to the document(s) produced by the employer to set out its requirements in relation to the project and ‘Contractor’s Proposals’ (CPs) to refer to the document(s) produced by the contractor setting out its proposals for the delivery of the project set out in the employer’s requirements (usually submitted to the employer as part of its tender). These are the expressions used

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