Generally speaking, this clause deals with the termination of the contract. The JCT Design and Build Contract requires one or both parties to comply with certain obligations. If these obligations are not fulfilled, the parties may apply termination clauses of the contract in order to cancel and conclude the contract. In 2011, design-build established itself as an important trend in design and construction.  For an employer who wishes to transfer all the risk to its contractor, a one-stop shop may be attractive for liability, but it may backfire. Does the contractor really know what he got into? Have they had time to understand the design and what they intend to do? If not, will they be able to get the job done on time and on budget? Is this a recipe for claims later in the job? In the most extreme cases, the risk may be such that it pushes a contractor to go bankrupt. It is rarely in anyone`s interest. These are all things that must be taken into account when determining the level of risk to be imposed on a contractor, although the magnitude of the risk depends heavily on the specific project. There are two important points that should be taken into account in assessing the impact of the employer team`s innovation on the risk taken by the contractor: the Design and Construction Contract (DB) of the Joint Contracts Tribunal (JCT) is intended to be used in construction projects following the design and construction route. This involves the appointment of a prime contractor who designs the project (or completes the design), then goes on and builds it.
This goes against the traditional purchasing route, where the client is responsible for the design of the project to consultants and then a contractor is in charge of the construction. Assignment – Assignment is a concept of right that is used in contract and property law. It is the process by which one person transfers the assignor, rights or benefits to another, the zsionist. The JCT Design and Build contract does not allow the assignment of the contract by the contractor or by the employer and clause 7.1 does not confirm this. Clause 6 of the conditions states that insurance options A, B and C can be chosen at the beginning of the contract. Annex 3 simply describes the practical implications of the different options and how they are applied. On page 13 of the contract details, you can find out the insurance option applicable to the contract. Similarly, it is not unknown that part of the design team is redistributed, but not the entire team. Depending on the wording of the contract and the extent of the modifications, this may leave the contractor without any guarantee as to its responsibility for part of the design carried out by the consultants and which has not been renewed. In this section of the contract you will find details about the date of the contract and who the parties are – their registered company name, registered address and company registration number. The contractor`s proposals are the contractor`s solution to the employer`s requirements.
In the example above, they may contain conceptual drawings showing the proposed school as well as the information requested by the employer on the employer`s requirements. The more detailed the employer`s requirements, the more the contractor`s hands are tied and the less the contractor can, in any case, put on the table in terms of added value and increased “constructability”. A “Design and Dump” by an employer can therefore hardly be useful to the employer, with the exception of individual liability. NB: A design and construction contract can also be described as a contract designed by contractors. This should not be confused with the design part of the contractor. “Subject to clause 2.15, the Contractor shall not be liable for the content of the employer`s requirements or for the verification of the suitability of a design contained therein.” [Highlighted here only] During the design process, the contractor decides on design issues as well as issues related to costs, gains and time constraints.. . . .