JCT Design and Build Sub-Contract Agreement 2016 (DBSub/A)By: The Joint Contracts Tribunal
NEW 2016 EDITION
Edition: 2016 Revised Edition
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Publication date: 22/09/2016
Publisher: Sweet & Maxwell
Publication Status: Active
The JCT Design and Build Contract is designed for construction projects where the contractor carries out both the design and the construction work. Design and build projects can vary in scale, but the Design and Build Contract is generally suitable where detailed provisions are needed.
Features of projects using the Design and Build Contract:
Design and Build Sub-Contract Agreement 2016
- The scale of design work need to be carried out by the contractor can vary greatly on design and build projects. Sometimes the contractor will complete a design based on a concept provided through the employer’s advisers. Other instances may call for the contractor to be responsible for producing and completing the design right from the outset, either through their in house team or employing their own specialist designers.
- The design requirements and responsibility of the contractor in design and build projects go beyond that covered in a traditional contract with a contractor’s designed portion. Adequate time and care needs to go in to detailing the employer’s requirements so that the obligations of the contractor with regard to design is clear.
- The employer normally uses an agent (either external consultant or employee) to administer the contract.
- Works can be carried out in sections.
The Design and Build Sub-Contract is made up of two parts: the Sub-Contract Agreement (DBSub/A) which includes the Recitals, Articles and Sub-Contract Particulars, and the Sub-Contract Conditions (DBSub/C).
It can only be used when the main contract is the Design and Build Contract.
It can be used where the sub-contracted works are fully designed, or if the sub-contractor is required to design all or a part of the works.
It can be used when either the main contract works or the sub-contract works are to be carried out in sections.
It can be be used for sub-contract works that are to be carried out on the basis of an adjusted sub-contract sum (adjustment for variations etc.) or by complete remeasurement.
Provisions are included for collaborative working, sustainability and bonds (off-site materials and retention).
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