ABSTRACT
A guiding principle is that the more is left to the contractor's discretion, the more should he be able to exercise his ability to provide the optimum full design solution at the most advantageous price. A particular consideration in design development is over statutory matters, such as building regulations and planning consent. Building regulations are so closely tied up with the design solutions selected by the contractor that all responsibility for compliance is regularly borne by him. Standard contracts for design and build usually restrict the contractor's design responsibility to that carried by an independent designer under the normal conditions of engagement for his professional body. This represents a move away from that existing at law for a contractor under an unqualified design and build situation, where the contractor has the much more onerous duty of strict care, rather than a duty of general care.
