Im interested in gathering thoughts around design and build tenders when the Client’ issues preliminary drawings and states the Contractor is to take full responsibility, and liability, for the design and build of the scheme. In order to have no risk the Contractor would need to carry out a full design at tender which would be a total waste of money, imagine if there were say 6-8 tenderers. Taking an extreme example the prelim design (referred to in the Client Scope) states 6 girders for a bridge, when detailed design is carried out it requires 8, does this constitute a change to scope, I say it does, or could the Client say ‘well it was your full responsibility’ so no CE. Unless a CE could be claimed it seems the Client could refuse your design for any reason without you having recourse. What is the critical element… is it the fact the prelim design needs to be written into scope. A few different thoughts on this so interested in views. Also I am talking straight D&B not via any ECI.
1 Like
Lets just flip that on its head. Using your scenario, the Client knows they want a bridge. They are not very interested in whether its 6 or 8 beams, or whether its Concrete or Steel. They just want it to do the job, hence Design and Build.
However, they also have a preliminary design, used to prove feasibility. It shows 6 steel beams.
Given that exists, does it not seem sensible, and in the spirit of NEC, to share it? Perhaps you will agree its the best answer. Perhaps not. But either way it helps you along.
However, you refer to it being somehow in Client Scope. If I were doing this the Scope would be one thing, and the Prelim Design would be another. Its just one possible response to the Scope. You can use it at your peril, or not.
1 Like