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

me1899
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?




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  • 0
    If the consultant just provided a drawing showing a light here and a socket there, then left all the detailing to the "design and build contractor" then I can see that the contractor assumes responsibility.


    But if the consultant provided a complete design with schedules specifying exactly what distribution boards are to be installed and what protective devices they are to contain to protect each circuit and so on, I cannot see that the contractor can be held responsible for non-compliance with the latest version of the regulations unless there is a clause in the contract saying that they take responsibility for ensuring that they correct all the consultants mistakes.


    My thought is the consultant is probably responsible and the contractor should be paid for the extras.


    Andy B.
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  • 0
    If the consultant just provided a drawing showing a light here and a socket there, then left all the detailing to the "design and build contractor" then I can see that the contractor assumes responsibility.


    But if the consultant provided a complete design with schedules specifying exactly what distribution boards are to be installed and what protective devices they are to contain to protect each circuit and so on, I cannot see that the contractor can be held responsible for non-compliance with the latest version of the regulations unless there is a clause in the contract saying that they take responsibility for ensuring that they correct all the consultants mistakes.


    My thought is the consultant is probably responsible and the contractor should be paid for the extras.


    Andy B.
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