Contractor’s Design Liability
It is often the case that we enter in to traditional contracts with a Contractor’s Designed Portion (CDP), whereby we as the contractor take on design liability for certain portions of the work.
If the building has been designed by the client, the contractor’s main obligation is to exercise ‘reasonable skill and care’ and build what has been designed.
So, what about performance specified works? There are very few contracts even on traditional forms which do not contain some performance specified items. There is no doubt that the contractor assumes design responsibility for the materials, plant and working methods that they select to provide performance specified works.
The incorporation of Contractor’s Designed Portion (CDP) supplements are extremely common in the JCT suite. These supplementary forms allocate full design and build liability to the contractor for that discrete portion. They are commonly used for specialist packages such as mechanical and electrical services.