ABSTRACT
Traditional building procurement systems draw a strict dividing line between the functions of design and construction. Design, which includes not only the broad concept of the building but also matters of considerable detail, is the responsibility of the employer’s design team. This normally consists of an architect (or civil engineer), backed up where necessary by other specialist consultants such as structural engineers. Construction, on the other hand, is the responsibility of the contractor, whose obligation is simply to construct in strict accordance with the contract documents provided. Under such a procurement system, it is naturally important to decide whether any defect in the finished building is the result of a design fault or whether it arises out of bad construction, since this will determine who is to be legally responsible for the defect. Of course, not all procurement methods are of this traditional kind. Design and build contracts (dealt with in Chapter 4) are well-established arrangements under which legal responsibility for both design and construction lies with the same party. In this situation, the nature of a defect in the finished building may be less important. Even here, however, it cannot be completely ignored, for reasons that will appear below.
