Publisher: Sweet & Maxwell
Date Published: Sep 2016
JCT Design and Build Contract 2016 (DB) Current edition: DB 2016 Previous editions: DB 2011, DB 2005 (Revision 2 2009), WCD 1998
The JCT Design and Build Contract is designed for construction projects where the contractor carries out both the design and the construction work. Design and build projects can vary in scale, but the Design and Build Contract is generally suitable where detailed provisions are needed.
Features of projects using the Design and Build Contract: The scale of design work need to be carried out by the contractor can vary greatly on design and build projects. Sometimes the contractor will complete a design based on a concept provided through the employers advisers. Other instances may call for the contractor to be responsible for producing and completing the design right from the outset, either through their in house team or employing their own specialist designers.
The design requirements and responsibility of the contractor in design and build projects go beyond that covered in a traditional contract with a contractors designed portion. Adequate time and care needs to go in to detailing the employers requirements so that the obligations of the contractor with regard to design is clear.
The employer normally uses an agent (either external consultant or employee) to administer the contract. Works can be carried out in sections.The JCT Design and Build Contract is suitable where: Can be used on large or smaller scale projects, but generally where detailed provisions are necessary.
The Contractor is responsible for completing the design, as well as carrying out the works, and the employer must provide detailed documents to outline their requirements.
The price and payment structure of the contract is based on a lump sum with interim stage or periodic payments. Provisions are included for collaborative working, sustainability, advance payment, bonds (advance payment, off-site materials, retention), third party rights and collateral warranties. Pre-Construction Services Agreement (General Contractor) (PCSA) and Pre-Construction Services Agreement (Specialist) (PCSA/SP) can be used with this contract.
This contract can be used with the Framework Agreement (FA) Can be used on large or smaller scale projects, but generally where detailed provisions are necessary.
Where the Contractor's design responsibility is restricted to specific parts of the works and he is not responsible for completing the design for all the works, consideration should be given to using one of the JCT Contracts that provide for the employment of an Architect/Contract Administrator and limited design input by the Contractor.