Consultant switch - Revision history

Designing Buildings at 10:47, 30 October 2023

2023-10-30T10:47:14Z

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	The consultant may in fact be in a better position to influence the project if they remain employed by the client to advise on the performance of a new consultant team, than they are if they transfer to work for the contractor.		The consultant may in fact be in a better position to influence the project if they remain employed by the client to advise on the performance of a new consultant team, than they are if they transfer to work for the contractor.

−	= Related articles on Designing Buildings ~~Wiki~~ =	+	= Related articles on Designing Buildings =

	* Architect.		* Architect.

Designing Buildings at 09:47, 21 September 2020

2020-09-21T09:47:22Z

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	* Reynolds Porter Chamberlain: Responsibilities of the design & build contractor.		* Reynolds Porter Chamberlain: Responsibilities of the design & build contractor.

−	[[Category:Appointments]] [[Category:Client_procedures]] [[Category:Contracts_/_payment]] [[Category:Procurement]]	+	[[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:Appointments]] [[Category:Client_procedures]] [[Category:Contracts_/_payment]] [[Category:Procurement]]

Designing Buildings at 06:05, 11 October 2019

2019-10-11T06:05:12Z

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Editor at 14:01, 10 October 2019

2019-10-10T14:01:57Z

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	= Introduction =		= Introduction =

Editor at 11:55, 8 October 2019

2019-10-08T11:55:18Z

← Older revision		Revision as of 11:55, 8 October 2019
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	It can be beneficial for the contractor to ‘adopt’ the design consultants (or some of them) to undertake ‘post contract’ services, such as; carrying out or completing the design and inspecting the works (on behalf of the contractor not the client). This provides continuity of design and other advice throughout the project.		It can be beneficial for the contractor to ‘adopt’ the design consultants (or some of them) to undertake ‘post contract’ services, such as; carrying out or completing the design and inspecting the works (on behalf of the contractor not the client). This provides continuity of design and other advice throughout the project.

−	Clients can (incorrectly) see this as a way of securing influence over the contractor’s consultants. In fact, any post contract relationship between the client and the consultant is through the contractor. The client can no longer rely on the consultants for design assessments or independent works inspection. These services will have to be undertaken either by the client’s in-house team, or by independent client advisers.	+	Clients can (incorrectly) see this as a way of securing influence over the contractor’s consultants. In fact, any post-contract relationship between the client and the consultant is through the contractor. The client can no longer rely on the consultants for design assessments or independent works inspection. These services will have to be undertaken either by the client’s in-house team, or by independent client advisers.

	Swapping consultants from the client to the contractor can be either by ‘novation’ or by ‘consultant switch’.		Swapping consultants from the client to the contractor can be either by ‘novation’ or by ‘consultant switch’.
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	= Novation =		= Novation =

−	When consultants are novated, the contractor ‘takes over’ the agreement between the client and the consultant. In effect the contractual history is re-written to give the impression that the consultant has worked for the contractor from the start. This requires agreement by all three parties.	+	When consultants are novated, the contractor ‘takes over’ the agreement between the client and the consultant. In effect, the contractual history is re-written to give the impression that the consultant has worked for the contractor from the start. This requires agreement by all three parties.

	Novation is seen to preserve design responsibility and to give contractual continuity. However, as the contractor’s requirements from the consultant will be different to the client’s, it is likely to require some changes to the appointment agreement. It is sensible if these changes are listed in the original agreement between the client and the consultant and if an undertaking can be obtained that they are prepared to enter into a contract on those terms.		Novation is seen to preserve design responsibility and to give contractual continuity. However, as the contractor’s requirements from the consultant will be different to the client’s, it is likely to require some changes to the appointment agreement. It is sensible if these changes are listed in the original agreement between the client and the consultant and if an undertaking can be obtained that they are prepared to enter into a contract on those terms.
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	The benefit of novation is that the consultant has a continuous liability for their services, before and after novation, under the same (or very similar) terms – that is, they become liable to the contractor for the entire design, not just for completing the design. This avoids design responsibility becoming split between the client and the contractor.		The benefit of novation is that the consultant has a continuous liability for their services, before and after novation, under the same (or very similar) terms – that is, they become liable to the contractor for the entire design, not just for completing the design. This avoids design responsibility becoming split between the client and the contractor.

−	NB The process of novation in itself does not make the contractor responsible for design work carried out for the client. To achieve this, the building contract needs to specifically state that the contractor has examined the design and adopted it.	+	NB: The process of novation in itself does not make the contractor responsible for design work carried out for the client. To achieve this, the building contract needs to specifically state that the contractor has examined the design and adopted it.

−	NB In the Scottish case of Blyth & Blyth Ltd v Carillion Construction Ltd in 2001, a contractor's claim against consultants for mistakes made in pre-novation services was not allowed as it was held that the client, into whose shoes the contractor had stepped, had not suffered any loss and the consultant did not owe a duty to the contractor. Novation does not retrospectively change obligations that the consultant has already performed.	+	NB: In the Scottish case of Blyth & Blyth Ltd v Carillion Construction Ltd in 2001, a contractor's claim against consultants for mistakes made in pre-novation services was not allowed as it was held that the client, into whose shoes the contractor had stepped, had not suffered any loss and the consultant did not owe a duty to the contractor. Novation does not retrospectively change obligations that the consultant has already performed.

	= Consultant switch =		= Consultant switch =
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	Both systems have their critics and it may be that conflicts of interest will arise no matter what arrangements are made. However, in neither case should the consultant be acting in the interests of the client after they are transferred to the contractor, and from that moment all instructions and communications with the client should be through the contractor or on behalf of the contractor.		Both systems have their critics and it may be that conflicts of interest will arise no matter what arrangements are made. However, in neither case should the consultant be acting in the interests of the client after they are transferred to the contractor, and from that moment all instructions and communications with the client should be through the contractor or on behalf of the contractor.

−	The consultant may in fact be in a better position to influence the project if they remain employed by the client to advise on the performance of a new consultant team than they are if they transfer to work for the contractor.	+	The consultant may in fact be in a better position to influence the project if they remain employed by the client to advise on the performance of a new consultant team, than they are if they transfer to work for the contractor.

	= Related articles on Designing Buildings Wiki =		= Related articles on Designing Buildings Wiki =
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	* Procurement route.		* Procurement route.

−	=== External references ===	+	= External references =

	* PACE [http://webarchive.nationalarchives.gov.uk/20100503135839/http:/www.ogc.gov.uk/documents/PACE_-_GACC.pdf Guidance on the Appointment of Consultants and Contractors] P126 guidance on novation.		* PACE [http://webarchive.nationalarchives.gov.uk/20100503135839/http:/www.ogc.gov.uk/documents/PACE_-_GACC.pdf Guidance on the Appointment of Consultants and Contractors] P126 guidance on novation.

Editor at 16:00, 21 June 2019

2019-06-21T16:00:21Z

← Older revision		Revision as of 16:00, 21 June 2019
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	The consultant may in fact be in a better position to influence the project if they remain employed by the client to advise on the performance of a new consultant team than they are if they transfer to work for the contractor.		The consultant may in fact be in a better position to influence the project if they remain employed by the client to advise on the performance of a new consultant team than they are if they transfer to work for the contractor.

−	~~= Find out more =~~	+	= Related articles on Designing Buildings Wiki =
−		+
−	=== Related articles on Designing Buildings Wiki ===	+

	* Architect.		* Architect.
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	* Detailed design.		* Detailed design.
	* Novation.		* Novation.
		+	* Novation agreement.
	* Procurement route.		* Procurement route.

Designing Buildings at 11:04, 29 June 2016

2016-06-29T11:04:28Z

← Older revision		Revision as of 11:04, 29 June 2016
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−
	= Introduction =		= Introduction =

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	NB The process of novation in itself does not make the contractor responsible for design work carried out for the client. To achieve this, the building contract needs to specifically state that the contractor has examined the design and adopted it.		NB The process of novation in itself does not make the contractor responsible for design work carried out for the client. To achieve this, the building contract needs to specifically state that the contractor has examined the design and adopted it.

−	NB In the Scottish case of Blyth & Blyth Ltd v Carillion Construction Ltd in 2001, a contractor's claim against consultants for mistakes made in pre-novation services was not allowed as it was held that the client, into whose shoes the contractor had stepped, had not suffered any loss and the consultant did not owe a duty to the contractor. Novation does not retrospectively change obligations that the consultant has already performed.	+	NB In the Scottish case of Blyth & Blyth Ltd v Carillion Construction Ltd in 2001, a contractor's claim against consultants for mistakes made in pre-novation services was not allowed as it was held that the client, into whose shoes the contractor had stepped, had not suffered any loss and the consultant did not owe a duty to the contractor. Novation does not retrospectively change obligations that the consultant has already performed.

	= Consultant switch =		= Consultant switch =
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	The consultant may in fact be in a better position to influence the project if they remain employed by the client to advise on the performance of a new consultant team than they are if they transfer to work for the contractor.		The consultant may in fact be in a better position to influence the project if they remain employed by the client to advise on the performance of a new consultant team than they are if they transfer to work for the contractor.

−	= ~~'''~~Find out more~~'''~~ =	+	= Find out more =

	=== Related articles on Designing Buildings Wiki ===		=== Related articles on Designing Buildings Wiki ===
−	*Architect.	+
−	*Assignment.	+	* Architect.
−	*Appointing consultants.	+	* Assignment.
−	*Blyth & Blyth Ltd v Carillion Construction Ltd.	+	* Appointing consultants.
−	*Collateral warranties.	+	* Blyth & Blyth Ltd v Carillion Construction Ltd.
−	*Concept design.	+	* Collateral warranties.
−	*Consultants.	+	* Concept design.
−	*Designers.	+	* Consultants.
−	*Design and build.	+	* Designers.
−	*Detailed design.	+	* Design and build.
−	*Novation.	+	* Detailed design.
−	*Procurement route.	+	* Novation.
		+	* Procurement route.

	=== External references ===		=== External references ===
−	*PACE [http://webarchive.nationalarchives.gov.uk/20100503135839/http:/www.ogc.gov.uk/documents/PACE_-_GACC.pdf Guidance on the Appointment of Consultants and Contractors] P126 guidance on novation.
−	*[http://www.building.co.uk/news/finance/novation-without-tears/9246.article Building article: Novation without tears.]
−	*Beale and Company: Switch or ab initio novation, Rachel Barnes, October 2008.
−	*Reynolds Porter Chamberlain: [http://www.rpc.co.uk/index.php?id=196&cid=940&fid=22&task=download&option=com_flexicontent Responsibilities of the design & build contractor].

−	[[Category:Appointments]]	+	* PACE [http://webarchive.nationalarchives.gov.uk/20100503135839/http:/www.ogc.gov.uk/documents/PACE_-_GACC.pdf Guidance on the Appointment of Consultants and Contractors] P126 guidance on novation.
−	[[Category:Client_procedures]]	+	* [http://www.building.co.uk/news/finance/novation-without-tears/9246.article Building article: Novation without tears.]
−	[[Category:Contracts_/_payment]]	+	* Beale and Company: Switch or ab initio novation, Rachel Barnes, October 2008.
−	[[Category:Procurement]]	+	* Reynolds Porter Chamberlain: Responsibilities of the design & build contractor.
		+
		+	[[Category:Appointments]] [[Category:Client_procedures]] [[Category:Contracts_/_payment]] [[Category:Procurement]]

Designing Buildings at 14:28, 15 October 2015

2015-10-15T14:28:33Z

← Older revision		Revision as of 14:28, 15 October 2015
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	*Architect.		*Architect.
	*Assignment.		*Assignment.
−	*~~Appointment~~.	+	*Appointing consultants.
	*Blyth & Blyth Ltd v Carillion Construction Ltd.		*Blyth & Blyth Ltd v Carillion Construction Ltd.
	*Collateral warranties.		*Collateral warranties.
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	*[http://www.building.co.uk/news/finance/novation-without-tears/9246.article Building article: Novation without tears.]		*[http://www.building.co.uk/news/finance/novation-without-tears/9246.article Building article: Novation without tears.]
	*Beale and Company: Switch or ab initio novation, Rachel Barnes, October 2008.		*Beale and Company: Switch or ab initio novation, Rachel Barnes, October 2008.
−	*[http://www.scotcourts.gov.uk/opinions/EAS1203.html Blyth & Blyth Ltd v. Carillion Construction Ltd].
	*Reynolds Porter Chamberlain: [http://www.rpc.co.uk/index.php?id=196&cid=940&fid=22&task=download&option=com_flexicontent Responsibilities of the design & build contractor].		*Reynolds Porter Chamberlain: [http://www.rpc.co.uk/index.php?id=196&cid=940&fid=22&task=download&option=com_flexicontent Responsibilities of the design & build contractor].

Designing Buildings at 07:04, 3 August 2014

2014-08-03T07:04:24Z

← Older revision		Revision as of 07:04, 3 August 2014
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	*PACE [http://webarchive.nationalarchives.gov.uk/20100503135839/http:/www.ogc.gov.uk/documents/PACE_-_GACC.pdf Guidance on the Appointment of Consultants and Contractors] P126 guidance on novation.		*PACE [http://webarchive.nationalarchives.gov.uk/20100503135839/http:/www.ogc.gov.uk/documents/PACE_-_GACC.pdf Guidance on the Appointment of Consultants and Contractors] P126 guidance on novation.
	*[http://www.building.co.uk/news/finance/novation-without-tears/9246.article Building article: Novation without tears.]		*[http://www.building.co.uk/news/finance/novation-without-tears/9246.article Building article: Novation without tears.]
−	*~~[http://www.beale-law.com/uploads/2008.10-Switch-or-ab-initio-novation.pdf~~ Beale and Company: Switch or ab initio novation, Rachel Barnes, October 2008.]	+	*Beale and Company: Switch or ab initio novation, Rachel Barnes, October 2008.
	*[http://www.scotcourts.gov.uk/opinions/EAS1203.html Blyth & Blyth Ltd v. Carillion Construction Ltd].		*[http://www.scotcourts.gov.uk/opinions/EAS1203.html Blyth & Blyth Ltd v. Carillion Construction Ltd].
	*Reynolds Porter Chamberlain: [http://www.rpc.co.uk/index.php?id=196&cid=940&fid=22&task=download&option=com_flexicontent Responsibilities of the design & build contractor].		*Reynolds Porter Chamberlain: [http://www.rpc.co.uk/index.php?id=196&cid=940&fid=22&task=download&option=com_flexicontent Responsibilities of the design & build contractor].

86.144.15.59 at 07:03, 3 August 2014

2014-08-03T07:03:41Z

← Older revision		Revision as of 07:03, 3 August 2014
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	The consultant may in fact be in a better position to influence the project if they remain employed by the client to advise on the performance of a new consultant team than they are if they transfer to work for the contractor.		The consultant may in fact be in a better position to influence the project if they remain employed by the client to advise on the performance of a new consultant team than they are if they transfer to work for the contractor.
−	~~<div>~~	+
	= '''Find out more''' =		= '''Find out more''' =
−	~~</div>~~	+
	=== Related articles on Designing Buildings Wiki ===		=== Related articles on Designing Buildings Wiki ===
	*Architect.		*Architect.
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	*PACE [http://webarchive.nationalarchives.gov.uk/20100503135839/http:/www.ogc.gov.uk/documents/PACE_-_GACC.pdf Guidance on the Appointment of Consultants and Contractors] P126 guidance on novation.		*PACE [http://webarchive.nationalarchives.gov.uk/20100503135839/http:/www.ogc.gov.uk/documents/PACE_-_GACC.pdf Guidance on the Appointment of Consultants and Contractors] P126 guidance on novation.
	*[http://www.building.co.uk/news/finance/novation-without-tears/9246.article Building article: Novation without tears.]		*[http://www.building.co.uk/news/finance/novation-without-tears/9246.article Building article: Novation without tears.]
−	*[http://www.cic.org.uk/activities/7%20LBriefing-%20Novation.pdf CIC Novation of consultants’ appointments on design and build].
	*[http://www.beale-law.com/uploads/2008.10-Switch-or-ab-initio-novation.pdf Beale and Company: Switch or ab initio novation, Rachel Barnes, October 2008.]		*[http://www.beale-law.com/uploads/2008.10-Switch-or-ab-initio-novation.pdf Beale and Company: Switch or ab initio novation, Rachel Barnes, October 2008.]
	*[http://www.scotcourts.gov.uk/opinions/EAS1203.html Blyth & Blyth Ltd v. Carillion Construction Ltd].		*[http://www.scotcourts.gov.uk/opinions/EAS1203.html Blyth & Blyth Ltd v. Carillion Construction Ltd].
	*Reynolds Porter Chamberlain: [http://www.rpc.co.uk/index.php?id=196&cid=940&fid=22&task=download&option=com_flexicontent Responsibilities of the design & build contractor].		*Reynolds Porter Chamberlain: [http://www.rpc.co.uk/index.php?id=196&cid=940&fid=22&task=download&option=com_flexicontent Responsibilities of the design & build contractor].

−	~~[[Category:Contracts_/_payment]]~~
	[[Category:Appointments]]		[[Category:Appointments]]
	[[Category:Client_procedures]]		[[Category:Client_procedures]]
		+	[[Category:Contracts_/_payment]]
	[[Category:Procurement]]		[[Category:Procurement]]