Design and Build Contracts

Design and build (D&B) construction procurement relies on a project’s main contractor shouldering the responsibility for creating the design and executing the construction for a project. While the extent of contractor-produced design can vary, this method of construction procurement affords the contractor a greater level of input and responsibility than traditionally procured contracts (where the employer has greater design responsibility). Over the last decade in the UK, it has become clear that D&B contracts are becoming the most popular method for procuring construction projects; often echoing the ways in which contracts for infrastructure and process plant can be procured.

Whilst D&B can provide a greater degree of contractor input for producing feasibility and concept designs, then the detailed design to deliver a project, many clients amend standard forms of D&B contracts to alter the contractors’ design input. This can significantly change D&B, deviating from the procedures set out in the standard forms of D&B contract.

This book firstly takes the reader through each stage of a project (based upon the RIBA Plan of Work 2020) to provide guidance on how D&B contracts were intended to operate, then secondly, identifying how D&B contracts and their procedures have changed.

Readers will find:

• Outline commentary and guidance on commonly used standard forms of D&B contract, including: JCT Design and Build 2016; FIDIC Conditions of Contract for Plant Design-Build 2017; and NEC4
• How each D&B contract is intended to operate during each stage of the RIBA Plan of Work 2020
• How the operation of D&B contracts and their procedures are often amended.

An ideal resource for contractors, employers, and consultants, as well as those studying construction at university, Design and Build Contracts offers helpful commentary and guidance for how each stage of a D&B engineering or construction project should progress.

Guy Higginbottom is an experienced consultant who has spent much of his career working in private practice, including as commercial director for a large, regional building contractor. He has extensive experience of commercial matters and project delivery across many sectors, including using different forms of contract (main contracts, sub-contracts, and consultants’ appointments), and in particular those which include contractor’s design elements. He is now director of Guy Higginbottom Consultancy Limited, a company providing specialist contract and commercial advice to the construction and engineering industries.