Design Liability & Construction Contracts - Contractor Obligations Explored

This live broadcast session from MBL considers the contractor’s obligations in respect of design, as opposed to fitness for purpose, for work and materials.

It contrasts the traditional ‘with architect/contract administrator’ forms of the JCT Design and Build Contract.

Under the traditional contracts, it considers the contractor’s duty to warn about unsafe and impractical design and its financial consequences.

This session is aimed at contractors, professional designers and their advisers.

What you will learn

This live and interactive session will cover the following:

• The various roles of the construction professional:
• Within the employer’s team, as a designer
• Novated to a contractor
• Consultant or adviser to a specialist sub-contractor
• The professional designer’s responsibility - limited to reasonable skill and care, not fitness for purpose and judged against equivalent professionals
• The ‘state of the art’ defence and the professional’s continuing design responsibility up to practical completion and the final certificate
• The professional’s duty in relation to temporary works and when an architect or engineer should or should not intervene in the ‘how’ of the build process
• The risk in the ground and responsibility for that and the significance of variations/changes for the professional
• The contractor’s responsibility for design of the temporary works
• A look at what happens when the specification is silent, and the contractor makes a choice and how the contractor should deal with that situation
• The contractor’s contrasting design obligations under the Design and Build Form of Contract and the contractual limitations on design responsibility and the contractor’s responsibility for inadequate Employer’s Requirements
• Responsibility to develop the design under Design and Build Contracts
• ‘With contractor’s design’ contracts and the contractor’s designed portion

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.

Book your place

To book your place at the MBL Live Learn session, please visit their website here.