Employer's requirements for building design and construction - Revision history

Designing Buildings at 07:42, 31 August 2026

2026-08-31T07:42:19Z

← Older revision		Revision as of 07:42, 31 August 2026
Line 1:		Line 1:
−	[[~~File:Construction-safety-consulting.jpg\|link=~~File:Construction-safety-consulting.jpg]]	+	[[File:Construction-safety-consulting.jpg]]
		+
		+	= Introduction =

	Employer's requirements are typically used on design and build projects (such as Joint Contracts Tribunal (JCT) DB16) or on a traditional contract where the contractor is to design discrete parts of the works.		Employer's requirements are typically used on design and build projects (such as Joint Contracts Tribunal (JCT) DB16) or on a traditional contract where the contractor is to design discrete parts of the works.

−	They provide a description of the client's requirements, including; the specification for the building, the scope of services required from the contractor and an allocation of risk for unknown items. Contractor's proposals are then prepared in response to the employer's requirements. These present the contractor's suggested approach for designing and constructing the building, along with their price.	+	They provide a description of the client's requirements, including the specification for the building, the scope of services required from the contractor and an allocation of risk for unknown items. Contractor's proposals are then prepared in response to the employer's requirements. These present the contractor's suggested approach for designing and constructing the building, along with their price.

	The level of detail in the employer's requirements and the extent of design required from the contractor is very variable. Employer's requirements can range from a very simple specification to a fully developed performance specification and concept design.		The level of detail in the employer's requirements and the extent of design required from the contractor is very variable. Employer's requirements can range from a very simple specification to a fully developed performance specification and concept design.
Line 9:		Line 11:
	The employer's requirements is a very important document as it defines the success of the outcome. The better prepared they are, the keener the price from the contractor and the less likely there will be disputes. If the employer's requirements are not properly developed, the client can incur significant additional costs, as any requirements which are not properly specified, or are changed, will require the issue of instructions for which the client will be charged by the contractor.		The employer's requirements is a very important document as it defines the success of the outcome. The better prepared they are, the keener the price from the contractor and the less likely there will be disputes. If the employer's requirements are not properly developed, the client can incur significant additional costs, as any requirements which are not properly specified, or are changed, will require the issue of instructions for which the client will be charged by the contractor.

−	Contracts may be awarded on either a single-stage or two-stage tender ~~processes~~. A single-stage process is suitable where the information presented in the employer's requirements is sufficiently well developed for the contractor to be able to calculate a realistic price.	+	Contracts may be awarded on either a single-stage or two-stage tender process. A single-stage process is suitable where the information presented in the employer's requirements is sufficiently well developed for the contractor to be able to calculate a realistic price.

−	This can be the case either if a concept design has already been prepared by consultants working for the client, or if the building is very ~~straight-forward~~, in which case much of the design work might be carried out by the contractor during the tender process.	+	This can be the case either if a concept design has already been prepared by consultants working for the client, or if the building is very straightforward, in which case much of the design work might be carried out by the contractor during the tender process.

	A two-stage tender is suitable where the employer's requirements are not sufficiently well developed for the contractor to be able to calculate a realistic price. In this case, the contractor may tender a fee for designing the building along with a schedule of rates that can be used to establish the construction price for the second stage tender.		A two-stage tender is suitable where the employer's requirements are not sufficiently well developed for the contractor to be able to calculate a realistic price. In this case, the contractor may tender a fee for designing the building along with a schedule of rates that can be used to establish the construction price for the second stage tender.
Line 36:		Line 38:
	* Requirements for samples and items for comment or approval.		* Requirements for samples and items for comment or approval.
	* Tender pricing document (or form for contract sum analysis).		* Tender pricing document (or form for contract sum analysis).
−	* Pre-construction ~~Information~~.	+	* Pre-construction information.
	* Client policies (such as environmental or health and safety policies).		* Client policies (such as environmental or health and safety policies).
	* Collaborative practices.		* Collaborative practices.
Line 44:		Line 46:
	* Targets for post-occupancy evaluation.		* Targets for post-occupancy evaluation.

−	Once the client has received the contractor's proposals, there is likely to be period of negotiation during which any inconsistencies between the contractor's proposals and the employer's requirements are discussed and either the contractor's proposals or the employer's requirements are amended to ensure agreement between them. This is an important part of the tender process as it is not always entirely clear which document prevails after the contract has been entered into.	+	Once the client has received the contractor's proposals, there is likely to be a period of negotiation during which any inconsistencies between the contractor's proposals and the employer's requirements are discussed, and either the contractor's proposals or the employer's requirements are amended to ensure agreement between them. This is an important part of the tender process, as it is not always entirely clear which document prevails after the contract has been entered into.

−	Dealing with a complaint:	+	= Dealing with a complaint =

−	If ~~the~~ client ~~alleged~~ that a defect ~~was~~ due to ~~our~~ negligent design~~. The~~ first action would be to ~~contact the Insurance company and warn them~~ of a possible claim for negligence ~~being made~~.	+	If a client alleges that a defect is due to negligent design, the architect's first action would typically be to notify their professional indemnity insurer of a possible claim for negligence.

−	Professional ~~Indemnity Insurance~~ is required ~~by Architects~~ under the ARB and RIBA codes of conduct~~, and under clause 7~~.~~4 of~~ the RIBA ~~standard conditions of appointment for an Architect 2012. Its purpose~~, ~~in part, is to protect the Architect from claims in negligence . Clause 7.3 in~~ the RIBA ~~standard conditions~~ of ~~appointment~~ for an Architect 2012, ~~provides a limit of~~ the ~~Architects Liability with~~ a Net Contribution clause~~. This is~~ an express term ~~in the contract and only allows~~ a claim of damages to ~~be brought against them for~~ their fair share of losses incurred.	+	Professional indemnity insurance is required of architects under the ARB and RIBA codes of conduct. Standard appointment documents - such as the RIBA Standard Professional Services Contract 2020 (2024 amendment), which replaced the earlier RIBA Standard Conditions of Appointment for an Architect 2010 (2012 revision), now withdrawn - typically require the architect to maintain professional indemnity insurance and to disclose relevant exclusions, such as those relating to cladding and fire safety. Such contracts commonly also include a Net Contribution clause, an express term that limits a claim for damages against the architect to their fair share of the losses incurred, rather than the full loss.

−	For example, a judge may find that 70% of the damage is down to poor workmanship from the contractor, with 30% resulting from negligent design. ~~The~~ architect ~~can~~ only be liable for 30% ~~of the work~~. ~~If this~~ clause ~~was not in the contract~~, ~~it would leave~~ the architect ~~open~~ to ~~very large claims~~ from the client for the full amount.	+	For example, a judge may find that 70% of the damage is down to poor workmanship from the contractor, with 30% resulting from negligent design. Under a Net Contribution clause, the architect would only be liable for the 30% attributable to their own negligence. Without such a clause, the architect could be exposed to a much larger claim from the client for the full amount, since a claimant is generally entitled to recover the whole of its loss from any one of several concurrently liable parties, leaving that party to seek a contribution from the others.

	= Related articles on Designing Buildings =		= Related articles on Designing Buildings =

Designing Buildings at 10:24, 30 October 2023

2023-10-30T10:24:59Z

← Older revision		Revision as of 10:24, 30 October 2023
Line 54:		Line 54:
	For example, a judge may find that 70% of the damage is down to poor workmanship from the contractor, with 30% resulting from negligent design. The architect can only be liable for 30% of the work. If this clause was not in the contract, it would leave the architect open to very large claims from the client for the full amount.		For example, a judge may find that 70% of the damage is down to poor workmanship from the contractor, with 30% resulting from negligent design. The architect can only be liable for 30% of the work. If this clause was not in the contract, it would leave the architect open to very large claims from the client for the full amount.

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

	* BIM protocol.		* BIM protocol.

Designing Buildings at 11:15, 6 January 2022

2022-01-06T11:15:00Z

← Older revision		Revision as of 11:15, 6 January 2022
Line 70:		Line 70:
	* Two-stage tender.		* Two-stage tender.
	* What should be included in a scope of work?		* What should be included in a scope of work?
−
−	~~= External references =~~
−
−	* [http://www.building.co.uk/data/procurement-employer%E2%80%99s-agents/3080960.article Building .co.uk article on employer's agents.]
−	* [http://www.workplaceconcepts.co.uk/faq/1745-developing-your-employers-requirements-before-appointing-a-contractor.htm Developing your Employer's Requirements before appointing a contractor].

	[[Category:DCN_Definition]] [[Category:DCN_Example]] [[Category:DCN_Guidance]] [[Category:DCN_Template]] [[Category:Client_procedures]] [[Category:Procurement]]		[[Category:DCN_Definition]] [[Category:DCN_Example]] [[Category:DCN_Guidance]] [[Category:DCN_Template]] [[Category:Client_procedures]] [[Category:Procurement]]

Editor at 16:41, 15 February 2021

2021-02-15T16:41:06Z

← Older revision		Revision as of 16:41, 15 February 2021
Line 64:		Line 64:
	* Employer's agent.		* Employer's agent.
	* Employer's information requirements (BIM).		* Employer's information requirements (BIM).
		+	* Information request schedule.
	* Novation.		* Novation.
	* Procurement route.		* Procurement route.

Designing Buildings at 06:48, 30 August 2020

2020-08-30T06:48:24Z

← Older revision		Revision as of 06:48, 30 August 2020
Line 75:		Line 75:
	* [http://www.workplaceconcepts.co.uk/faq/1745-developing-your-employers-requirements-before-appointing-a-contractor.htm Developing your Employer's Requirements before appointing a contractor].		* [http://www.workplaceconcepts.co.uk/faq/1745-developing-your-employers-requirements-before-appointing-a-contractor.htm Developing your Employer's Requirements before appointing a contractor].

−	[[Category:Client_procedures]] [[Category:Procurement]]	+	[[Category:DCN_Definition]] [[Category:DCN_Example]] [[Category:DCN_Guidance]] [[Category:DCN_Template]] [[Category:Client_procedures]] [[Category:Procurement]]

Editor at 16:55, 2 June 2020

2020-06-02T16:55:21Z

← Older revision		Revision as of 16:55, 2 June 2020
Line 59:		Line 59:
	* Client requirements.		* Client requirements.
	* Design and build.		* Design and build.
		+	* Design build finance transfer (DBFT).
	* Consultant switch.		* Consultant switch.
	* Contractors proposals.		* Contractors proposals.

78.33.242.2 at 15:25, 26 May 2020

2020-05-26T15:25:54Z

← Older revision		Revision as of 15:25, 26 May 2020
Line 50:		Line 50:
	If the client alleged that a defect was due to our negligent design. The first action would be to contact the Insurance company and warn them of a possible claim for negligence being made.		If the client alleged that a defect was due to our negligent design. The first action would be to contact the Insurance company and warn them of a possible claim for negligence being made.

−	~~Personal~~ Indemnity Insurance is required by Architects under the ARB and RIBA codes of conduct, and under clause 7.4 of the RIBA standard conditions of appointment for an Architect 2012. Its purpose, in part, is to protect the Architect from claims in negligence . Clause 7.3 in the RIBA standard conditions of appointment for an Architect 2012, provides a limit of the Architects Liability with a Net Contribution clause. This is an express term in the contract and only allows a claim of damages to be brought against them for their fair share of losses incurred.	+	Professional Indemnity Insurance is required by Architects under the ARB and RIBA codes of conduct, and under clause 7.4 of the RIBA standard conditions of appointment for an Architect 2012. Its purpose, in part, is to protect the Architect from claims in negligence . Clause 7.3 in the RIBA standard conditions of appointment for an Architect 2012, provides a limit of the Architects Liability with a Net Contribution clause. This is an express term in the contract and only allows a claim of damages to be brought against them for their fair share of losses incurred.

−	For example, a judge may find that 70% of the damage is down to poor workmanship from the contractor, with 30% resulting from ~~negligence~~ design. The architect can only be liable for 30% of the work. If this clause was not in the contract, it would leave the architect open to very large claims from the client for the full amount.	+	For example, a judge may find that 70% of the damage is down to poor workmanship from the contractor, with 30% resulting from negligent design. The architect can only be liable for 30% of the work. If this clause was not in the contract, it would leave the architect open to very large claims from the client for the full amount.

	= Related articles on Designing Buildings Wiki =		= Related articles on Designing Buildings Wiki =

Designing Buildings at 13:27, 5 July 2019

2019-07-05T13:27:53Z

← Older revision		Revision as of 13:27, 5 July 2019
Line 54:		Line 54:
	For example, a judge may find that 70% of the damage is down to poor workmanship from the contractor, with 30% resulting from negligence design. The architect can only be liable for 30% of the work. If this clause was not in the contract, it would leave the architect open to very large claims from the client for the full amount.		For example, a judge may find that 70% of the damage is down to poor workmanship from the contractor, with 30% resulting from negligence design. The architect can only be liable for 30% of the work. If this clause was not in the contract, it would leave the architect open to very large claims from the client for the full amount.

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

	* BIM protocol.		* BIM protocol.
Line 71:		Line 69:
	* What should be included in a scope of work?		* What should be included in a scope of work?

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

	* [http://www.building.co.uk/data/procurement-employer%E2%80%99s-agents/3080960.article Building .co.uk article on employer's agents.]		* [http://www.building.co.uk/data/procurement-employer%E2%80%99s-agents/3080960.article Building .co.uk article on employer's agents.]
−	* ~~Workplace concepts:~~ [http://www.workplaceconcepts.co.uk/faq/1745-developing-your-employers-requirements-before-appointing-a-contractor.htm Developing your Employer's Requirements before appointing a contractor].	+	* [http://www.workplaceconcepts.co.uk/faq/1745-developing-your-employers-requirements-before-appointing-a-contractor.htm Developing your Employer's Requirements before appointing a contractor].

	[[Category:Client_procedures]] [[Category:Procurement]]		[[Category:Client_procedures]] [[Category:Procurement]]

Designing Buildings: Reverted edits by MaryBerry (talk) to last revision by 82.70.79.44

2019-01-11T13:05:36Z

Reverted edits by MaryBerry (talk) to last revision by 82.70.79.44

← Older revision		Revision as of 13:05, 11 January 2019
Line 4:		Line 4:

	They provide a description of the client's requirements, including; the specification for the building, the scope of services required from the contractor and an allocation of risk for unknown items. Contractor's proposals are then prepared in response to the employer's requirements. These present the contractor's suggested approach for designing and constructing the building, along with their price.		They provide a description of the client's requirements, including; the specification for the building, the scope of services required from the contractor and an allocation of risk for unknown items. Contractor's proposals are then prepared in response to the employer's requirements. These present the contractor's suggested approach for designing and constructing the building, along with their price.
−
−	The employer approaches a contractor with a set of requirements defining what the employer wants. The contractor then responds with proposals. There is then negotiation with the employer and contractor and they in turn settle on an agreed set of contractor’s proposals. The contractor’s proposals includes price and how it can be calculated. The contract can then be executed. The contractor then implements the work. The contractor is totally responsible for the design outlines in the contractors proposals, fabricating the building and co-ordinating and integrating the entire process.

	The level of detail in the employer's requirements and the extent of design required from the contractor is very variable. Employer's requirements can range from a very simple specification to a fully developed performance specification and concept design.		The level of detail in the employer's requirements and the extent of design required from the contractor is very variable. Employer's requirements can range from a very simple specification to a fully developed performance specification and concept design.

MaryBerry at 18:16, 7 January 2019

2019-01-07T18:16:09Z

← Older revision		Revision as of 18:16, 7 January 2019
Line 4:		Line 4:

	They provide a description of the client's requirements, including; the specification for the building, the scope of services required from the contractor and an allocation of risk for unknown items. Contractor's proposals are then prepared in response to the employer's requirements. These present the contractor's suggested approach for designing and constructing the building, along with their price.		They provide a description of the client's requirements, including; the specification for the building, the scope of services required from the contractor and an allocation of risk for unknown items. Contractor's proposals are then prepared in response to the employer's requirements. These present the contractor's suggested approach for designing and constructing the building, along with their price.
		+
		+	The employer approaches a contractor with a set of requirements defining what the employer wants. The contractor then responds with proposals. There is then negotiation with the employer and contractor and they in turn settle on an agreed set of contractor’s proposals. The contractor’s proposals includes price and how it can be calculated. The contract can then be executed. The contractor then implements the work. The contractor is totally responsible for the design outlines in the contractors proposals, fabricating the building and co-ordinating and integrating the entire process.

	The level of detail in the employer's requirements and the extent of design required from the contractor is very variable. Employer's requirements can range from a very simple specification to a fully developed performance specification and concept design.		The level of detail in the employer's requirements and the extent of design required from the contractor is very variable. Employer's requirements can range from a very simple specification to a fully developed performance specification and concept design.