JCT Design & Build

Question 1

What is Design & Build Contracting?

Answer 1

• D&B is a contractual agreement in which the contractor offers to design and build a project for a value inclusive of both the design and construction costs.
• The contractor’s design responsibility is all-encompassing for the complete works.
• This responsibility remains even if significant design works have been completed earlier by other consultants (architect, structural engineer etc.)

Question 2

Who are the key stakeholders in D&B Contracting?

Answer 2

The Employer (the client), The contractor (Main contractor) & The Subcontractor(s) (any subbies employed on project)

Question 3

How does D&B Contracting differ to Traditional Contracting?

Answer 3

• The Employer seeks to transfer more design responsibility to the contractor including the risk.
• With a traditional approach the architect leads the project and controls the entire design. The contractor is appointed at tender stage and any risks regarding design and materials are the responsibility of the Architect.

Question 4

What is The JCT Standard Building Contract with Contractor’s Design Portion (CDP)?

Answer 4

This is where the contractor is only responsible for a small portion of the design works on the overall project. E.g on a specialist package such as the Piling.

Question 5

What is included in the Articles of Agreement & Recitals?
(Part A)

Answer 5

This section of the contract covers details of the date of contract and who the parties to the contract are.
E.g. their registered company name
registered address
company registration number.

Question 6

What is covered in the D&B Articles?

Answer 6

There are 9 different articles and each provide headline details on the major agreements with the Contract.

Question 7

What is covered in D&B Article 1?

Answer 7

The Contractors Obligations (the scope of the Contractor’s Works)

Question 8

What is covered in D&B Article 2?

Answer 8

The Contract Sum (the price for delivering these Works)

Question 9

What is covered in D&B Article 3?

Answer 9

Employers Agent (states who the employers agent is)

Question 10

What is covered in D&B Article 4?

Answer 10

Employers Requirements and Contractors Proposals (states what both are)

Question 11

What is covered in D&B Article 5?

Answer 11

Principle Designer (states who the PD for CDM is)

Question 12

What is covered in D&B Article 6?

Answer 12

Principle Contractor (states who the PC for CDM is)

Question 13

What is covered in D&B Article 7?

Answer 13

Adjudication (the rules for adjudication in the event of a dispute)

Question 14

What is covered in D&B Article 8?

Answer 14

Arbitration (the rules for arbitration in the event of a dispute)

Question 15

What is covered in D&B Article 9?

Answer 15

Legal Proceedings (states English courts have jurisdiction for all disputes)

Question 16

What is the Contract Particulars?
& what do they include?
(Part A)

Answer 16

This states the aspects of the contract that are bespoke and particular to the specific project.

• where to find the ER’s and Contractors Proposals CPs
• where to find the CSA (breakdown of the price of works)
• the date of completion
• the date of possession of the site
• sectional possession and sectional completion dates
• the rate of Liquidated Damages
• the length of the Rectification Period
• the retention percentage

Question 17

What is covered in The Attestation?

Part A

Answer 17

The area of the contract where the signatures and details of the individuals who signed the contract can be found.
Also whether the contract is signed as a deed (12 years) or Under Hand (6 years).