In a design and build contract an initial contractor is employed by the client, then the contractor is responsible for overseeing both the design and construction phase of a project. The contractor would either have their own in house design team they would use or employ external consultants who would assist in the design phase. A novation agreement is sometimes used in a design and build contract, this is where the client employs consultants to produce their initial design then the same consultants are employed by contractor to complete the detailed design. In a design and build project the contractor has the majority of the responsibility so therefore also has a large share of the risk involved in the project as the “contractor 's liability to an employer is greater than the liability that it can pass down to consultants. Any consultant” (---------------). This means any consultants employed by the contractor although responsible for assisting the contractor in the design phase but bear almost no liability unless they are negligent.
“A novation transfers the benefits under a contract but unlike assignment, novation transfers the burden under a contract as well.”
2.2 – roles and responsibilities
The client plays an important role in a project as they initiate the project. The client has to have an idea of what they want, they then need to produce a brief outlining their idea. The client must also have planning permission before detailed designs are…