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Clause 5: Design: Written by Taner Dedezade

The main changes to Clause 5 of the construction contract document relate to design obligations and the contractor's documents. Sub-Clause 5.1 enhances the qualifications required of designers. Sub-Clause 5.8 establishes a new procedure for addressing design errors found in documents previously given a no-objection. Sub-Clause 5.2 streamlines the process for reviewing contractor's documents, removing references to "approval" and instead using the term "no-objection". The engineer now has two options when reviewing documents - finding them non-compliant or giving a no-objection with possible comments on minor issues.

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760 views1 page

Clause 5: Design: Written by Taner Dedezade

The main changes to Clause 5 of the construction contract document relate to design obligations and the contractor's documents. Sub-Clause 5.1 enhances the qualifications required of designers. Sub-Clause 5.8 establishes a new procedure for addressing design errors found in documents previously given a no-objection. Sub-Clause 5.2 streamlines the process for reviewing contractor's documents, removing references to "approval" and instead using the term "no-objection". The engineer now has two options when reviewing documents - finding them non-compliant or giving a no-objection with possible comments on minor issues.

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mr jandonian
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Clause 5: Design

Written by Taner Dedezade 1

The main changes to Clause 5 are as follows:


• In Sub-Clause 5.8 [Design Error], a new
• Sub-Clause 5.1 [General Design Obligations] procedure has been put in place that provides
has been slightly enhanced by specifying with that if errors, omissions, ambiguities,
more particularity the qualifications required of inconsistencies, inadequacies or other defects
designers and stating in terms that designers are found which were previously the subject of a
need to be qualified and entitled under the No-objection, then the process set out for a
applicable law. The key change is structural in failure under Sub-Clause 5.2.2 should be
that part of the clause has been extracted and engaged, hence giving the Contractor a process
moved into Sub-Clause 1.9 [Errors in the for revising and re-submitting the Contractor’s
Employer’s Requirements]. Documents.

• Sub-Clause 5.2 [Contractor’s Documents] in the


Article Author
1999 edition was one of the longest clauses
taking up just over one page (at pages 20 and Taner Dedezade 2
21) with the last sentence of the clause
(appearing in isolation on the top of page 22)
stating “Any such approval or consent, or any
review (under this Sub-Clause or otherwise),
shall not relieve the Contractor from any
obligation or responsibility”.

Under the 1999 edition, in relation to


documents submitted to it for approval, the Email: taner.d@corbett.co.uk
Engineer essentially had 3 options: 1) rejecting
the document for approval; 2) approving the
document with comments; 3) approving the
document without comments. In the 2017
edition, the meaning of the clause remains the
same, with enhanced definitions and sub-
headings, the key change being a change in
emphasis of terminology: there is now an
absence of the use of the word “approval” and a
move to “No-objection”.

Within the review period, the Engineer has


been given two options: 1) finding that the
Contractor’s Document fails to comply with the
Employer’s Requirements; or 2) giving No-
objection (although he may include comments
concerning minor matters which will not
substantially affect the Works).

1
Taner Dedezade is a Barrister at Corbett & Co. International Construction Lawyers Ltd. He can be contacted at taner.d@corbett.co.uk
2
The contents of this article should not be treated as legal advice. Please contact the lawyers at Corbett & Co before acting on or relying upon anything stated
in this article.

Tel: + 44 (0)20 8614 6200


Fax: + 44 (0)20 8614 6222
Email: info@corbett.co.uk
1
Design/TD/2018(1)/5/CLAL www.corbett.co.uk

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