Appointments in construction: Knowledge hub

Summary

Generally speaking the term 'appointment' means simply the act of assigning a job or position to someone. In construction this typically refers to a client contracting designers (such as architects, landscape architects, engineers, architectural technicians, specialist designers etc.), or other consultants (such as cost consultants, independent client advisers, project managers, client representatives, etc.) to provide specific services or undertake particular work on or in relation to a construction project.

An appointment is normally supported by an agreement which is a legal document that formally outlines the terms and conditions and clarifies the responsibilities, scope of work, programme or duration, and other relevant details to ensure both the appointee and the appointing party understand their obligations.

When the client contracts building contractors (rather than consultants) this is generally described as 'contracting', not 'appointment'. However, sometimes, the consultant team will be contracted along with the main contractor as part of a complete 'integrated supply team'. See also our Procurement in construction: Knowledge hub.

Routes to and forms of appointments in construction?

There are a variety of routes or processes which may lead to appointments, from simple recommendations, selection and interviews, expressions of interest with pre-qualification questionnaires, open or invited competitive selection with or without a design element, and framework agreements with or without design elements.

There are a wide variety of forms of appointment depending on the situation, with standard forms available from various organisations such as the RIBA, the ACA, RICS, NEC, CIC, SCALA and JCT. Each of these organisations may have slight variations in how the appointment is dealt with, designed specifically to suit certain professions, structures of the project, the professional team or consultant team.

Why do appointments matter in construction?

Appointments are crucial in construction as they ensure clear responsibilities, accountability, and timely progress by assigning specific roles and tasks to qualified and competent individuals. This can help maintain a good organisational structure and clear relationships. Clearly defining who is responsible for each element of a project, facilitates better communication and coordination between stakeholders, helping reduce errors, omissions, overlaps or misunderstanding and supporting proper legal and safety compliance. Effective appointments can ultimately help with quality control, and programme delivery, contributing to both client satisfaction and the overall success.

Articles relating to appointments

Here are some of the key and widely read articles about appointments on Designing Buildings:

Brief and scope:

• Briefing documents for building design. Core documents describing design requirements and scope.
• Client requirements. Statement of client’s project objectives and needs.
• Collaborative practices for building design and construction. Joint processes across stakeholders for delivery.
• Employer's information requirements. Information specification contractually required by employer.
• Project brief. Key client-driven document guiding design.
• Scope of services. Detailed breakdown of consultant responsibilities.
• Schedule of services. Listed tasks and deliverables in consultant agreement.
• Scope of work. General description of contracted construction tasks.
• Scope creep. Uncontrolled expansion of project scope over time.
• Strategic brief for construction projects. High level client requirements for feasibility evaluation.
• Types of consultant in the construction industry. Roles like architects, engineers, quantity surveyors.

Roles and selection:

• Appointing consultants for building design and construction.Selecting specialist advisors to guide delivery.
• Architects appointment. Engaging architects for design responsibility.
• Bid evaluation. Assessing bids according to defined criteria.
• Consultant's proposals for design and construction. Consultants’ project delivery strategy and plans.
• Invitation to tender for construction contracts. Formal call for supplier bids.
• Mid tender interview for construction contract. Discussion with bidders during evaluation phase.
• Pre tender interview. Early vetting chat with potential contractors.
• Pre qualification questionnaire. Initial bidder suitability assessment questionnaire.
• Selection process. Staged procedure for choosing consultants/contracts
• Selection criteria. Requirements used to assess candidates.

Proposals and negotiation

• Bidding process. Structured stages for tender proposal submission.
• Bidding tactics. Strategic approaches to win contract tender.
• Competitive procedure with negotiation. Tender competition followed by price negotiation.
• Consultant's proposals. Responding to a request for proposals.
• Fees. An introduction to building design and construction fees.
• Fee considerations. Factors affecting consultant remuneration and pricing.
• Fee proposal. Describing the services the consultant will undertake and the fee that will be charged
• How to prepare tender documents. Gathering specifications and submitting formal bid materials.
• Negotiation techniques. Methods to secure favourable contractual terms.
• Negotiated tendering. Tendering approach involving direct price discussion. (en.wikipedia.org)
• Negotiated contract. Agreement formed via negotiation rather than fixed tender.
• Negotiated procedure. Procurement route with direct supplier negotiations.
• Request for proposals. Describes the nature of the project and the nature of the appointment.
• Tender negotiations. Dialogues refining offer terms before contract award.

Contracts and terms

• Bespoke construction contract. Fully tailored contract drafted for unique project.
• Construction contract conditions. Terms governing rights, liabilities, responsibilities under contract.
• Contract conditions. Standard or bespoke terms setting obligations and liabilities.
• Form of appointment. Document formalising consultant engagement terms.
• Design liability. The extent of responsibility and standard of care that must be applied by the designer.
• Difference between assignment and novation. Transfer of rights and obligations on release.
• ICE conditions of contract. Former civil engineering contract now replaced by NEC.
• IR35. When does an appointee actually count as an employee subject to full PAYE rules.
• Infrastructure conditions of contract. Terms tailored for infrastructure/engineering projects (e.g. NEC forms)
• Letter of appointment. Interim written consultant engagement pending full contract.
• Modifying clauses in standard contracts. Amending standard forms alters risk/liability balance.
• Professional indemnity insurance clause in conditions of engagement. Insurance obligation vs liability cap.
• Terms and Conditions. Legal provisions setting general contractual obligations and rights
• Novation. Substitution of party transferring rights and obligations.

Conflicts and Disputes

• Adjudication. UK statutory third party binding decision process.
• Alternative dispute resolution. Non judicial methods resolving contract disagreements (ADR).
• Arbitration. Private binding decision by selected arbitrator(s).
• Conflict avoidance. Risk management to prevent project disputes.
• Construction disputes. Contractual, technical or financial project disagreements.
• Delays on construction projects. Failure to meet programme or deadline.
• Dispute avoidance. Dispute prevention through proactive contract management.
• Dispute resolution. Formal mechanisms for settling contractual disputes.
• Mediation. Mediator led negotiation avoiding adjudication or litigation.
• The causes of late payment in construction. Cashflow issues, disputes, slow approvals, complex chains.

All articles about appointments

There are more that 500 articles about appointments on Designing Buildings. A full index is available here.

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