Job Book 9th Edition - Book - Page 82
ONLINE VERSION
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Stage 1 > Preparation and Brief
1.2
Procurement
1.2.1
Explain to the client the options for procurement and note any
matters which could affect the particular choice.
1.2.2
Check with the client whether tendering for the particular
project is likely to be subject to legislative control. This could
have an effect on procurement methods and procedures.
1.2.3
Consider the project’s risk profile in terms of Procurement as well
as Programme and (Town) Planning.
1.2.4
When acting for contractor clients in design and build, establish
who carries the liability for design and to what extent. The
contractor might not be insured against failures of design, and
the liability might extend beyond the normal professional duty
to exercise reasonable skill and care.
When acting for employer clients in design and build, be wary if
asked to check the Contractor’s Proposals against the Employer’s
Requirements, and avoid ‘approving’ drawings submitted by the
contractor or subcontractors.
Take expert advice on whether terms proposed by the client comply
with current legislation, unless it is clear that they follow those currently
recommended by the RIBA. It is particularly important to check that
terms regarding payment, notices and dispute resolution comply
with the Housing Grants, Construction and Regeneration Act (1996)
as amended by the Local Democracy, Economic Development and
Construction Act 2009, and that a provision to deal with the Contracts
(Rights of Third Parties) Act (1999) has been incorporated.
Remember that the law requires a professional to exercise reasonable
skill and care. Resist any attempt to get you to guarantee what might not
be attainable, or covered by your professional indemnity (PI) insurance,
e.g. that a building will be ‘fit for the purpose intended’ or other form of
performance warranty, or to extend liability through additions such as
‘every’ or ‘professional’ skill and care.
Resist entering into collateral agreements with third parties or giving
indemnities which impose greater liabilities than those which arise out of
the agreement already entered into with your client.
