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Old design to 17th Edition updated to 18th - query on responsibilities

Hi All


Slightly convoluted question:


1. A design and build job originally designed to Stage 3 level detail during 17th edition times (2017)


2. Updated by consultant to Stage 4 detail mid 2019, still design and build, but not updated in line with 18th edition (presumably erroneous thinking on the part of the consultant that because the job was to the 17th and the stage 4 was not considered a major redesign from first principles, then it did not need updating)


3. Job being installed now in 2020.


4. Given that the contractor has taken on design responsibility, are they right to try and claim additional costs for redesigning in line with the 18th edition? Or would they be expected to have noted and included for this seeing as they were appointed late 2019? 


I think personally that it would be argued the contractor should have picked this up and flagged in their pricing that they would need to update the design to the 18th.


What do others think?




Parents
  • Would a design and build contract not shift the design responsibility to the contractor though?


    D and B seems to be used like that to push risk over to contractors. Client side seem to like it. 


    If there is something blatantly apparent in the consultant design that is being priced, does the nature of a D and B type of contract not expose a contractor to be hit with a 'you should have known' argument?
Reply
  • Would a design and build contract not shift the design responsibility to the contractor though?


    D and B seems to be used like that to push risk over to contractors. Client side seem to like it. 


    If there is something blatantly apparent in the consultant design that is being priced, does the nature of a D and B type of contract not expose a contractor to be hit with a 'you should have known' argument?
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