Contractor's Design Portion (Section 9) Flashcards
What are the Employers Requirements?
Employer’s requirements are typically used on design and build projects or traditional if there is CDP, they state the clients requirements (including performance specifications, drawings, initial designs etc.)
What are included in ER’s?
The scope of the works, specification, any design already produced, the contractors obligations and the contractors design responsibility, how risk to be apportioned (allocation of unknown risk).
What are the contractor proposals?
Contractor’s proposals are prepared in response to the Employer’s Requirements. These present the contractor’s suggested approach for designing and constructing the building, along with their price.
What takes precedent ER’s or CP’s?
CPs.
How can the precedent of contract documents be altered?
If it is expressly stated in the Contract that the ER’s are to take precedent over the CP’s.
What are the obligations / contractors design liability of a contractor producing a design under JCT?
The same as an independently employed architect (reasonable skill and care).
The Bolam testis still the starting point for a professional’s duty of care and applies to designers as much as to doctors, requiring at common law that services are carried out withreasonable skill and care. Under Clause 2.17, whether the contractor is negligent in its design of the works will, therefore, depend on whether it failed to exercise the standard of skill and care expected of a competent architect or professional designer.
What are the different ways that a design document can be marked?
Schedule 1 - Contractors (design) Submission Procedure
Marked A, B or C by architect / CA
What does it mean if a design document is marked status A?
A = the contractor shall carry out the Works in strict accordance with that document.
What does it mean if a design document is marked status B?
B = the contractor may carry out the works in accordance with that document, provided that the employer’s comments are incorporated into it and an amended copy of it is promptly submitted to the employer.
What does it mean if a design document is marked status C?
C = Do not carry out works, take account of comments and resubmit amended design document or disagree with comments (7 days to notify - stating why they disagree and architect has 7 days to confirm / withdraw comment).
What are the timeframes for marking the contractors design documents?
14 days to mark documents A, B or C after receiving.
If there is an error in the CPs what is the result?
To be amended with no additional time or cost to the client.
Who retains the copyright for the contractors design documents?
Contractor - but employer has irrevocable, royalty free, non-exclusive license to copy and use docs.
Before PC what must the contractor produce?
Design documents, as built drawings, Operation and Maintenance (O&M) manuals.
