Contractor's design portion - Revision history

Editor at 19:33, 24 January 2022

2022-01-24T19:33:59Z

← Older revision		Revision as of 19:33, 24 January 2022
Line 31:		Line 31:
	The main contractor’s tender documents will also give the main contractor the choice of seeking alternative sub-contractors thus avoiding the legal problems associated with nominated sub-contractors when the courts judged that a main contractor was not liable for the performance of a sub-contractor forced upon it by the client or its agents.		The main contractor’s tender documents will also give the main contractor the choice of seeking alternative sub-contractors thus avoiding the legal problems associated with nominated sub-contractors when the courts judged that a main contractor was not liable for the performance of a sub-contractor forced upon it by the client or its agents.

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

	* Building Information Modelling.		* Building Information Modelling.
Line 45:		Line 45:
	* Responsibility for design.		* Responsibility for design.
	* Sub-contractor.		* Sub-contractor.
		+	* Submittals.

	[[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:Contracts_/_payment]] [[Category:Procurement]]		[[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:Contracts_/_payment]] [[Category:Procurement]]

Designing Buildings at 13:01, 31 August 2020

2020-08-31T13:01:58Z

← Older revision		Revision as of 13:01, 31 August 2020
Line 46:		Line 46:
	* Sub-contractor.		* Sub-contractor.

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

Editor at 18:13, 29 May 2019

2019-05-29T18:13:20Z

← Older revision		Revision as of 18:13, 29 May 2019
Line 31:		Line 31:
	The main contractor’s tender documents will also give the main contractor the choice of seeking alternative sub-contractors thus avoiding the legal problems associated with nominated sub-contractors when the courts judged that a main contractor was not liable for the performance of a sub-contractor forced upon it by the client or its agents.		The main contractor’s tender documents will also give the main contractor the choice of seeking alternative sub-contractors thus avoiding the legal problems associated with nominated sub-contractors when the courts judged that a main contractor was not liable for the performance of a sub-contractor forced upon it by the client or its agents.

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

	* Building Information Modelling.		* Building Information Modelling.
Line 39:		Line 37:
	* Design management.		* Design management.
	* Design manager.		* Design manager.
		+	* Early appointment / involvement.
	* JCT.		* JCT.
	* Nominated sub-contractor.		* Nominated sub-contractor.

Editor at 08:37, 18 August 2017

2017-08-18T08:37:01Z

← Older revision		Revision as of 08:37, 18 August 2017
Line 1:		Line 1:
	The contractor’s designed portion (sometimes referred to as 'contractor's design portion' or CDP) is associated with JCT construction contracts. It is an agreement for the contractor to design specific parts of the works. The contractor may in turn sub-contract this design work to specialist sub-contractors. This should not be confused with design and build contracts where the contractor is appointed to design the whole of the works.		The contractor’s designed portion (sometimes referred to as 'contractor's design portion' or CDP) is associated with JCT construction contracts. It is an agreement for the contractor to design specific parts of the works. The contractor may in turn sub-contract this design work to specialist sub-contractors. This should not be confused with design and build contracts where the contractor is appointed to design the whole of the works.

−	Until 2005, the JCT Standard Building Contract had a contractor’s designed portion supplement for use where the appointed contractor was required to design specific parts of the works. This provision has now been incorporated into the main contract, but a separate sub-contractor design agreement is available where the main contractor is to design specific parts of the works and a sub-contractor is to design part or all of the sub-contract works. The JCT Intermediate Building Contract still has a separate contractor’s design agreement, as well as a sub-contractor's design agreement. The JCT Minor Works Contract has a ‘with contractor’s design’ option and a separate sub-contract with sub-contractor’s design.	+	Until 2005, the JCT Standard Building Contract had a contractor’s designed portion supplement for use where the appointed contractor was required to design specific parts of the works. This provision has now been incorporated into the main contract, but a separate sub-contractor design agreement is available where the main contractor is to design specific parts of the works and a sub-contractor is to design part or all of the sub-contract works.
		+
		+	The JCT Intermediate Building Contract still has a separate contractor’s design agreement, as well as a sub-contractor's design agreement. The JCT Minor Works Contract has a ‘with contractor’s design’ option and a separate sub-contract with sub-contractor’s design.

	The client’s requirements for contractor's design will generally be set out in the tender documents as ‘Employer’s Requirements’ in response to which the contractor will submit ‘Contractor’s Proposals’.		The client’s requirements for contractor's design will generally be set out in the tender documents as ‘Employer’s Requirements’ in response to which the contractor will submit ‘Contractor’s Proposals’.
Line 7:		Line 9:
	Contractor’s design may be used with a Pre-Construction Services Agreement or Pre-Construction Services Agreement (Specialist) to provide early consultancy services to the project before the main construction contract commences.		Contractor’s design may be used with a Pre-Construction Services Agreement or Pre-Construction Services Agreement (Specialist) to provide early consultancy services to the project before the main construction contract commences.

−	Often, the portion of design left to the contractor is the detailing work undertaken by specialist manufactures and installers. The main contractor has responsibility for managing the procurement of its specialist sub-contractor’s design in an orderly fashion and to an agreed programme so it can be approved by the client’s design team (who within their conditions of engagement avoid liability for specialist design). The main contractor also has to ensure that various specialist sub-contractors under its control co-ordinate their emerging designs with each other. For instance the services sub-contractors need to know both the grid system and position of fixings for a suspended ceiling and likewise the ceiling sub-contractor needs to know details of plant above ceilings which require maintenance access. To carry out this management function 'design managers' have become a regular addition to the main contractor’s project staff.	+	Often, the portion of design left to the contractor is the detailing work undertaken by specialist manufactures and installers. The main contractor has responsibility for managing the procurement of its specialist sub-contractor’s design in an orderly fashion and to an agreed programme so it can be approved by the client’s design team (who within their conditions of engagement avoid liability for specialist design).
		+
		+	The main contractor also has to ensure that various specialist sub-contractors under its control co-ordinate their emerging designs with each other. For instance the services sub-contractors need to know both the grid system and position of fixings for a suspended ceiling and likewise the ceiling sub-contractor needs to know details of plant above ceilings which require maintenance access. To carry out this management function 'design managers' have become a regular addition to the main contractor’s project staff.

	The main contractor may be given the responsibility for ensuring that its sub-contractor’s design is submitted for and obtains building regulations approval. The client’s design team will usually submit specialist design to the planning authorities when necessary to satisfy planning conditions since it is generally the design team’s responsibility to obtain full planning consent.		The main contractor may be given the responsibility for ensuring that its sub-contractor’s design is submitted for and obtains building regulations approval. The client’s design team will usually submit specialist design to the planning authorities when necessary to satisfy planning conditions since it is generally the design team’s responsibility to obtain full planning consent.

−	Design consultant’s need to judge how far to take their design before handing over its completion to specialists. Furthermore it must be made abundantly clear exactly what the specialist has to design within the work section. A performance specification must describe quality both in terms of function and form, bearing in mind that contractors tendering in competition will respond with the cheapest option available to meet the specification. The use of a sub-contractor design approval procedures to improve what was tendered has been the source of back door variations and many contractual disputes in relation to cost and/or delay. On the other hand it is a waste of designers’ resources and time to develop the design of systems that may or may not be used. Closed specifications reduce options in the specialist market and this is not in the best interests of the client.	+	Design consultant’s need to judge how far to take their design before handing over its completion to specialists. Furthermore it must be made abundantly clear exactly what the specialist has to design within the work section. A performance specification must describe quality both in terms of function and form, bearing in mind that contractors tendering in competition will respond with the cheapest option available to meet the specification.
		+
		+	The use of a sub-contractor design approval procedures to improve what was tendered has been the source of back door variations and many contractual disputes in relation to cost and/or delay. On the other hand it is a waste of designers’ resources and time to develop the design of systems that may or may not be used. Closed specifications reduce options in the specialist market and this is not in the best interests of the client.

	It is sensible for the main tender documents to ask for a sub-contractor design programme to be submitted by the main contractor within a certain period after the contract has been placed. This should track specialist design, the approval process, manufacture and installation and fit into the overall contract programme. It is reasonable for the design team to insist on an even workload of sub-contractor drawing submittals so it can balance its resources in relation to the comment and approval process.		It is sensible for the main tender documents to ask for a sub-contractor design programme to be submitted by the main contractor within a certain period after the contract has been placed. This should track specialist design, the approval process, manufacture and installation and fit into the overall contract programme. It is reasonable for the design team to insist on an even workload of sub-contractor drawing submittals so it can balance its resources in relation to the comment and approval process.

−	The introduction of building information modelling (BIM) is likely to have a profound effect on contractor's design. If at the time of the main contractor's appointment, a fully-integrated and collaborative building model has been prepared, it is unlikely that this will simply be handed over to the main contractor. The model is more likely to remain under the management of the client's design team. Whoever is managing the model will be the party that has to manage the collective input of specialist designers. The main contractor’s role in this process could therefore become redundant, which is not satisfactory under the current terms of contractor's design agreements because it effectively means the designers would be controlling activities of the main contractor’s sub-contractors. However, the main contractor carries the risk of a fixed price and meeting the contract completion date. For this and for programme reasons, contractor's design in the way that we know it now could become a thing of the past. In any case the advent of BIM is likely to alter the timing of the inclusion of specialist design so it takes place in the pre-construction design stage rather than in the construction stage. Consequently the design team will work on the design with specialists in the pre-construction stage and insist that the tendering contractors adopt the specialist and its design as part of the tender offer. So the scope of specialist work, its price and programme will be included within the main contractor's bid. The main contractor’s tender documents will also give the main contractor the choice of seeking alternative sub-contractors thus avoiding the legal problems associated with nominated sub-contractors when the courts judged that a main contractor was not liable for the performance of a sub-contractor forced upon it by the client or its agents.	+	The introduction of building information modelling (BIM) is likely to have a profound effect on contractor's design. If at the time of the main contractor's appointment, a fully-integrated and collaborative building model has been prepared, it is unlikely that this will simply be handed over to the main contractor.
		+
		+	The model is more likely to remain under the management of the client's design team. Whoever is managing the model will be the party that has to manage the collective input of specialist designers. The main contractor’s role in this process could therefore become redundant, which is not satisfactory under the current terms of contractor's design agreements because it effectively means the designers would be controlling activities of the main contractor’s sub-contractors.
		+
		+	However, the main contractor carries the risk of a fixed price and meeting the contract completion date. For this and for programme reasons, contractor's design in the way that we know it now could become a thing of the past. In any case the advent of BIM is likely to alter the timing of the inclusion of specialist design so it takes place in the pre-construction design stage rather than in the construction stage.
		+
		+	Consequently the design team will work on the design with specialists in the pre-construction stage and insist that the tendering contractors adopt the specialist and its design as part of the tender offer. So the scope of specialist work, its price and programme will be included within the main contractor's bid.
		+
		+	The main contractor’s tender documents will also give the main contractor the choice of seeking alternative sub-contractors thus avoiding the legal problems associated with nominated sub-contractors when the courts judged that a main contractor was not liable for the performance of a sub-contractor forced upon it by the client or its agents.

	= Find out more =		= Find out more =

Editor at 10:17, 11 March 2016

2016-03-11T10:17:42Z

← Older revision		Revision as of 10:17, 11 March 2016
Line 1:		Line 1:
−
	The contractor’s designed portion (sometimes referred to as 'contractor's design portion' or CDP) is associated with JCT construction contracts. It is an agreement for the contractor to design specific parts of the works. The contractor may in turn sub-contract this design work to specialist sub-contractors. This should not be confused with design and build contracts where the contractor is appointed to design the whole of the works.		The contractor’s designed portion (sometimes referred to as 'contractor's design portion' or CDP) is associated with JCT construction contracts. It is an agreement for the contractor to design specific parts of the works. The contractor may in turn sub-contract this design work to specialist sub-contractors. This should not be confused with design and build contracts where the contractor is appointed to design the whole of the works.

Line 21:		Line 20:

	=== Related articles on Designing Buildings Wiki ===		=== Related articles on Designing Buildings Wiki ===
−	*Building Information Modelling.
−	*Contractor.
−	*Design manager.
−	*JCT.
−	*Nominated sub-contractor.
−	*Performance specification.
−	*Pre construction services agreement.
−	*Prime cost sum.
−	*Responsibility for design.
−	*Sub-contractor.

−	[[Category:Contracts_/_payment]]	+	* Building Information Modelling.
−	[[Category:Procurement]]	+	* Contractor.
		+	* Design management.
		+	* Design manager.
		+	* JCT.
		+	* Nominated sub-contractor.
		+	* Performance specification.
		+	* Pre construction services agreement.
		+	* Prime cost sum.
		+	* Responsibility for design.
		+	* Sub-contractor.
		+
		+	[[Category:Contracts_/_payment]] [[Category:Procurement]]

108.171.128.162 at 17:01, 24 November 2015

2015-11-24T17:01:51Z

← Older revision		Revision as of 17:01, 24 November 2015
Line 31:		Line 31:
	*Responsibility for design.		*Responsibility for design.
	*Sub-contractor.		*Sub-contractor.
−
−	~~<br/>~~

	[[Category:Contracts_/_payment]]		[[Category:Contracts_/_payment]]
	[[Category:Procurement]]		[[Category:Procurement]]

86.159.164.97 at 08:05, 14 October 2014

2014-10-14T08:05:59Z

← Older revision		Revision as of 08:05, 14 October 2014
Line 26:		Line 26:
	*JCT.		*JCT.
	*Nominated sub-contractor.		*Nominated sub-contractor.
		+	*Performance specification.
	*Pre construction services agreement.		*Pre construction services agreement.
	*Prime cost sum.		*Prime cost sum.
		+	*Responsibility for design.
	*Sub-contractor.		*Sub-contractor.

	<br/>		<br/>
−	~~<div id="cke_pastebin" style="left: -1000px; top: 238.36px; width: 1px; height: 1px; overflow: hidden; position: absolute;"></div>~~

	[[Category:Contracts_/_payment]]		[[Category:Contracts_/_payment]]
	[[Category:Procurement]]		[[Category:Procurement]]

David Trench at 08:53, 20 September 2013

2013-09-20T08:53:57Z

← Older revision		Revision as of 08:53, 20 September 2013
Line 23:		Line 23:
	*Building Information Modelling.		*Building Information Modelling.
	*Contractor.		*Contractor.
		+	*Design manager.
	*JCT.		*JCT.
	*Nominated sub-contractor.		*Nominated sub-contractor.

Designing Buildings at 14:16, 17 September 2013

2013-09-17T14:16:57Z

← Older revision		Revision as of 14:16, 17 September 2013
Line 1:		Line 1:

−	The contractor’s designed portion (CDP) is associated with JCT construction contracts. It is an agreement for the contractor to design specific parts of the works. The contractor may in turn sub-contract this design work to specialist sub-contractors. This should not be confused with design and build contracts where the contractor is appointed to design the whole of the works.	+	The contractor’s designed portion (sometimes referred to as 'contractor's design portion' or CDP) is associated with JCT construction contracts. It is an agreement for the contractor to design specific parts of the works. The contractor may in turn sub-contract this design work to specialist sub-contractors. This should not be confused with design and build contracts where the contractor is appointed to design the whole of the works.

	Until 2005, the JCT Standard Building Contract had a contractor’s designed portion supplement for use where the appointed contractor was required to design specific parts of the works. This provision has now been incorporated into the main contract, but a separate sub-contractor design agreement is available where the main contractor is to design specific parts of the works and a sub-contractor is to design part or all of the sub-contract works. The JCT Intermediate Building Contract still has a separate contractor’s design agreement, as well as a sub-contractor's design agreement. The JCT Minor Works Contract has a ‘with contractor’s design’ option and a separate sub-contract with sub-contractor’s design.		Until 2005, the JCT Standard Building Contract had a contractor’s designed portion supplement for use where the appointed contractor was required to design specific parts of the works. This provision has now been incorporated into the main contract, but a separate sub-contractor design agreement is available where the main contractor is to design specific parts of the works and a sub-contractor is to design part or all of the sub-contract works. The JCT Intermediate Building Contract still has a separate contractor’s design agreement, as well as a sub-contractor's design agreement. The JCT Minor Works Contract has a ‘with contractor’s design’ option and a separate sub-contract with sub-contractor’s design.

Designing Buildings at 14:08, 17 September 2013

2013-09-17T14:08:12Z

← Older revision		Revision as of 14:08, 17 September 2013
Line 16:		Line 16:
	It is sensible for the main tender documents to ask for a sub-contractor design programme to be submitted by the main contractor within a certain period after the contract has been placed. This should track specialist design, the approval process, manufacture and installation and fit into the overall contract programme. It is reasonable for the design team to insist on an even workload of sub-contractor drawing submittals so it can balance its resources in relation to the comment and approval process.		It is sensible for the main tender documents to ask for a sub-contractor design programme to be submitted by the main contractor within a certain period after the contract has been placed. This should track specialist design, the approval process, manufacture and installation and fit into the overall contract programme. It is reasonable for the design team to insist on an even workload of sub-contractor drawing submittals so it can balance its resources in relation to the comment and approval process.

−	The introduction of building information modelling (BIM) is likely to have a profound effect on contractor's design. If at the time of the main contractor's appointment, a fully-integrated and collaborative building model has been prepared, it is unlikely that this will simply be handed over to the main contractor. The model is more likely to remain under the management of the client's design team. Whoever is managing the model will be the party that has to manage the collective input of specialist designers. The main contractor’s role in this process could therefore become redundant, which is not satisfactory under the current terms of contractor's design agreements because it effectively means the designers would be controlling activities of the main contractor’s sub-contractors. However, the main contractor carries the risk of a fixed price and meeting the contract completion date. For this and for programme reasons contractor's design in the way that we know it now ~~may~~ become a thing of the past. Specialist design input will need to be fed into the model prior to seeking main contractor tenders. In the case of JCT traditional contracting this might mean reverting to the old procurement procedures of appointing nominated sub-contractors prior to appointing the main contractor and releasing specialist packages by instructing prime cost sums (PC sums) during the construction stage.	+	The introduction of building information modelling (BIM) is likely to have a profound effect on contractor's design. If at the time of the main contractor's appointment, a fully-integrated and collaborative building model has been prepared, it is unlikely that this will simply be handed over to the main contractor. The model is more likely to remain under the management of the client's design team. Whoever is managing the model will be the party that has to manage the collective input of specialist designers. The main contractor’s role in this process could therefore become redundant, which is not satisfactory under the current terms of contractor's design agreements because it effectively means the designers would be controlling activities of the main contractor’s sub-contractors. However, the main contractor carries the risk of a fixed price and meeting the contract completion date. For this and for programme reasons, contractor's design in the way that we know it now could become a thing of the past. In any case the advent of BIM is likely to alter the timing of the inclusion of specialist design so it takes place in the pre-construction design stage rather than in the construction stage. Consequently the design team will work on the design with specialists in the pre-construction stage and insist that the tendering contractors adopt the specialist and its design as part of the tender offer. So the scope of specialist work, its price and programme will be included within the main contractor's bid. The main contractor’s tender documents will also give the main contractor the choice of seeking alternative sub-contractors thus avoiding the legal problems associated with nominated sub-contractors when the courts judged that a main contractor was not liable for the performance of a sub-contractor forced upon it by the client or its agents.
−		+
−	In any case the advent of BIM is likely to alter the timing of the inclusion of specialist design so it takes place in the pre-construction design stage rather than in the construction stage. Consequently the design team will work on the design with specialists in the pre-construction stage and insist that the tendering contractors adopt the specialist and its design as part of the tender offer. So the scope of specialist work, its price and programme will be included within the main contractor's bid. The main contractor’s tender documents will also ~~have given~~ the main contractor the choice of seeking alternative sub-contractors thus avoiding the legal problems associated with nominated sub-contractors when the courts judged that a main contractor was not liable for the performance of a sub-contractor forced upon it by the client or its agents.	+

	= Find out more =		= Find out more =