MacMinn O’Reilly Mahon provide independent advice to developers who seek to procure their development via a Design and Build contract.
Depending on the Client’s requirements, there may be no design by the Employer or partial design. The essential components of a Design and Build contract are:
- The brief.
- The site
- Restrictions/requirements
- Format of presentation for contractor’s proposals.
- Details of contract conditions.
- Specification/drawing requirements.
- Function of Employer’s Agent.
- Information to be included for the contract.
- Health & safety requirements.
- Any developed design by the Employer’s Consultants.
- Financing requirements if Design Build and Finance is required.
- A clear and defined basis on which bids will be selected.
Of particular importance is the form of contract to be used. The contract conditions must ensure a method of determining precedence when conflicts arise between the Employer’s requirements and the Contractor’s proposals. Design liability and the role of the Employer’s agent must also be clearly defined.
Below are two sample design and build projects on which MacMinn O’Reilly Mahon performed the role of both Quantity Surveyor and Contract Administrator.