This Practice Note considers the obligations in relation to design in the JCT suite of contracts—primarily the Design and Build Contract (D&B) and the Standard Building Contract (SBC) where a Contractor’s Designed Portion is used (otherwise known as a CDP)—it also references the Intermediate and Minor Works contracts.

The JCT suite of contracts provides for the Contractor to be responsible for design to varying degrees. The Employer may choose to follow a design and build procurement route by using the D&B form which provides that the Contractor is responsible for completing the whole of the design. Alternatively, where a traditional procurement route is followed, the Contractor can still be responsible for an element of the design by using one of the traditional forms, such as the SBC, but including the optional CDP. This Practice Note describes how responsibility for design is allocated in the D&B and SBC forms, and looks at other key provisions relating to design, including how the contracts deal with discrepancies between various design documents, copyright, and the standard of care to be exercised in relation to design.

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