Build Contracts Essay
The background of the paper is explained how the engineer, employer and the contractor work together in a contract. Traditional build contracts can be high risk, as the contractor doesn’t have control over the drawings. In comparison to a design and build contract, where they know full well that the drawings are correct to their standards. And assume all responsibility.
Who’s to blame if a building is built to the specifications and drawings, and the building doesn’t stand. The contractor is responsible for constructing the design provided to it
This paper also goes over some past court cases. And how they turned out the way they did The design risk can be held by any of the parties, the employer should be making sure that the …show more content…
Allocation of the buildablility design risk under the red book.
The Red Book is the latest in a line of traditional build standard form contracts. It has been selected as an example standard form contract to work through in detail how the buildablility design risk is allocated (Rosenberg, 2012)
The Red Book specifically states that the contractor cannot change the permanent works design, but if the contractor spots a buildablility design deficiency, the contractor can submit a variation proposal as a solution to the problem, including an evaluation of costs and time as a result of this. But this is up to the engineer, and the contractor will still be responsible for the time and cost differences. Once the contract has been signed the contractor has to assume all responsibility that the building will go up and stay up. (Rosenberg, 2012)
Extensions of time
Delay relief may be accessible in four situations where buildablility design deficiency occurs. There are four scenarios
The 1st is where there is a variation instruction; this is where the responsibility is shifted to the employer, unless the variation proposal process is employed by the engineer. If the contractor agrees it can bear the time and cost for its convenience
The 2nd is a change in quantities, but this is only for ‘substantial changes’ that qualifies critical delay relief. If there is a change to an item of work ‘included in the contract’ can provide relief, So