Time, Cost, Quality, Risk, Novation

Question 1

What would you take into consideration when looking at Time?

Answer 1

1) How much time is there to prepare a complete design.
2) When is the site available.
3) When is the work required to be completed.
4) What are the phasing or sectional requirements.
5) The financial effect of a delayed completion

Question 2

What would you take into consideration when looking at Cost?

Answer 2

1) The impact of inflation over a lengthy contract period
2) The time of fixing the price of the works and certainty of out-turn costs
3) What level of risk is acceptable to the client
4) What level of risk is acceptable to the contractor

Question 3

What would you take into consideration when looking at Quality / Performance?

Answer 3

1) Is retention of design control and important issue
2) Will the nature of the works require stringent supervision
3) Is the building listed or in a conservation area

Question 4

What is Novation?

Answer 4

A new contract that transfers the rights and obligations of one contractual party to a new third party i.e. design rights and obligations of the architect transferred to the contractor

Question 5

If the design team is novated, what should the client put in place?

Answer 5

A collateral warranty to the design team. Creates a contractual relationship between parties where there would otherwise not have been any.

Question 6

What does a novation agreement look like?

Answer 6

1) Relinquish consultants of contractual relation to the client
2) Contractor responsibilities for performance prior to novation

‍The agreement should explicitly state that the rights and obligations of the outgoing party are being transferred to the incoming party.

Question 7

Who takes the risk on design that has been undertaken prior to novation?

Answer 7

Dependent on what agreement states but my clients novation agreement states the contractor will take this risk