ABSTRACT
In design and build procurement, the employer engages a single contractor to prepare and/or complete the design and to construct the works to meet the requirements of the employer. The employer may engage consultants, and the contractor will frequently subcontract both the design and a large amount of the construction. In larger construction programmes a design and build contract may be linked to an umbrella framework agreement, or used in connection with single-project partnering. Consulting engineers Blyth and Blyth Ltd entered into a tripartite agreement, referred to as the ‘novation agreement’, with Carillion Construction Ltd and THI Leisure Ltd in relation to the design and construction of a leisure development building in Edinburgh. If the architect is to act as the employer’s agent, the terms of appointment must give the architect at least the degree of authority that the employer is given under the design and build contract.
