66 Construction contracts

4.5.5Quality

Quality is not compromised simply by using the DB form of procurement. There are DB contractors who do not understand aesthetics or architecture just as there are clients who do not understand these things. The fact that DB allows such people to join together and produce buildings may be seen by some as a disadvantage or by others as an advantage. However, if the client requires a high quality building, in the subjective sense of the word, there are no features of this procurement method that would necessarily compromise that requirement. In fact, the nature of the tendering documentation, and the inherent flexibility of the system, may encourage better architecture. On the other hand, if the employer requires conformance with objective criteria that can be measured, there is nothing in DB to compromise this either. Since the contract is based upon a comprehensive statement of employer’s requirements, there is theoretically a better chance of producing a high quality building in the regulated sense than there would be by writing a bill of quantities and putting that out to competitive tender.

The reputation of DB has suffered from criticisms by some construction professionals of projects involving system building and standardization. This type of project often leads to very poor buildings. It is unfortunate that in the minds of some people, DB has become synonymous with system building. This is not the case in practice, and criticism of system building should be distinguished from criticism of DB. In any event, most buildings procured under general contracting are not of substantial architectural merit. It is not the procurement process itself that causes good quality, but rather the people used within that process. The process selected may certainly help, or it may hinder, but it is of secondary importance.

The only reliable way to encourage quality in a building is to obtain a clear statement about what constitutes high quality for a particular client, and to have that statement embodied within the employer’s requirements.

4.6APPROACHES TO DB

DB is a logical and clear method for procuring a wide range of buildings. Its increase in popularity has been steady, and there are very few reports of clients who are dissatisfied with it. In relation to reports about its growing popularity, a note of caution should be sounded. As noted earlier in this Chapter, DB has two main variants that are frequently conflated in surveys about contract use. These two variants are novated DB and integrated DB. With a clear separation of design from construction, novation may suffer from the same disadvantages as general contracting and should not be confused with integrated DB. As a procurement method, integrated DB is a realistic and worthwhile alternative to general contracting or construction management. There is no real limit on the type or scale of project for which it can be used, but it is inadvisable to use it for high-risk projects, or for adventurous schemes. It offers a high degree of cost certainty.

As with any procurement method, it is the selection of the personnel for the project team that is the most important thing. Having selected the team, the choice

Design-build 67

of DB as a procurement method is unlikely to compromise good practice. It has been used for centuries and its use seems likely to continue.

Summarizing the distinctive characteristics of DB, the most important features are:

A DB contractor is appointed to take on design as well as construction responsibility.

The DB contractor’s primary role is to co-ordinate and manage the construction work as well as to take responsibility for all or part of the design work.

There is a key distinction between integrated DB and novated DB; in the latter, the employer appoints a design team before the DB contractor.

DB contractors tend to have the same level of design liability as the lead designer in a general contracting project.

Sub-contracting of significant parts of the work leads to extended supply chains.

Payment for work in progress demands a high level of financial acumen on the part of the main contractor and throughout the supply chain. The payment mechanism could be monthly for work in progress, stage payments or a single payment on completion.

Primarily, DB contracting is about integrating design responsibility with construction responsibility.

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