Contract strategy for design management in the design and build system

Abstract

Project team members in design–build system, including owner's representatives, design–build (D/B) contractors and architects/engineers, have to adopt new roles in managing the design of large-scale projects. The design responsibility is transferred from the owner's organization to the D/B contractor who is responsible for the design management in the projects to be delivered by the design–build procurement system. However, there remains the concern of design management between the designer and the constructor within the D/B organization, or between the joint venture parties of a D/B project. This paper presents a study, which reviews the issues concerning the design liability and contractual provisions for design management between the designer and D/B contractor in the said contractual arrangements of design–build system. It disseminates the results of a questionnaire survey and structured interviews of three groups of project participants: owners, designers and D/B contractors. The roles and responsibilities of the parties involved in design and design management are less than clear in their respective engagement contracts. In order to improve the design management of design–build projects, this paper recommended some strategic items to be considered in drafting contracts between owners/D/B contractors, D/B contractors/designers and owners/independent checkers to address the issues.