I have a project that requires the repair and reinstatement of an embankment. Using a framework contractor who has signed up to NEC3 ECC option A design and build but argues against design liability, as this isn’t design, but a repair?
It depends on the extent of the work that the Contractor is doing as to whether they are designing anything or not. What does your Works Information require them to do?
ECC Option A can be used for construct only projects or projects that involve design and construction, the only difference is the contents of the Works Information. If the Contractor is doing any design work then usually (in the UK) you would include secondary Option X15 to limit their liability to reasonable skill and care, if they are merely constructing the works then there’s no need to include X15.
Thanks for the reply
I suppose there is a design element. They have been asked to provide a cost for repair of the eroded embankment. Their proposal would be something like, " infill with concrete, top soil, etc. So this is in effect their design?
Yes you are correct, if the Contractor is selecting the type and thickness of material to be used this is still a design, even if it is a simple one. I didn’t mention earlier that if the Contractor is doing design then the contract should include professional indemnity insurance as well as X15.