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Nestor Guriev
Nestor Guriev

JCT Design and Build Contract 2011: What You Need to Know

JCT Design and Build Contract 2011: What You Need to Know

The JCT Design and Build Contract 2011 (DB 11) is a standard form of contract published by the Joint Contracts Tribunal (JCT) that is commonly used for construction projects in England and Wales. It is suitable for projects where the contractor is responsible for both the design and the construction of the works.

jct design and build contract 2011 free download

DB 11 is one of the 2011 Editions of the JCT contracts that reflect the changes in the construction industry since 2005, such as the introduction of the Construction Act 2009, the Bribery Act 2010 and the CDM Regulations 2015. DB 11 also incorporates some amendments to improve clarity and consistency with other JCT contracts.

Some of the key features of DB 11 are:

  • It is a lump sum contract with provision for interim payments and retention.

  • It allows for variations, fluctuations and provisional sums.

  • It requires the contractor to provide a performance bond or a parent company guarantee if requested by the employer.

  • It includes a detailed procedure for dealing with design submissions and approvals.

  • It allocates the risk of unforeseeable ground conditions to the employer.

  • It provides for liquidated damages for delay and an optional bonus for early completion.

  • It sets out a comprehensive mechanism for resolving disputes by mediation, adjudication or arbitration.

If you are interested in using DB 11 for your project, you can download a PDF copy from Practical Law Construction[^1^] [^2^] or purchase a hard copy from the JCT website. You should also consult a legal adviser before entering into any contract to ensure that it meets your specific needs and circumstances.Here are some more paragraphs for the article:

One of the main advantages of DB 11 is that it simplifies the contractual relationship between the employer and the contractor by reducing the number of parties involved in the design process. The contractor takes full responsibility for the design and any errors or omissions that may arise. This can also lead to cost savings and faster delivery as the contractor can coordinate the design and construction more efficiently.

However, DB 11 also has some drawbacks that need to be considered. For instance, the employer has less control over the design and may not be able to make changes without incurring additional costs or delays. The employer also has to rely on the contractor's competence and expertise in delivering a satisfactory design that meets the employer's requirements and specifications. Therefore, it is essential that the employer conducts a thorough due diligence on the contractor's design capabilities and track record before awarding the contract.

Another important aspect of DB 11 is the allocation of risk between the parties. As mentioned earlier, the contractor bears the risk of unforeseeable ground conditions, which means that the contractor cannot claim for additional time or money if it encounters any difficulties or obstructions in the ground during the construction. This can be a significant risk for the contractor, especially if the site is complex or unknown. On the other hand, the employer bears the risk of any changes in law or regulations that affect the design or construction of the works. This can be a significant risk for the employer, especially if there are any changes in environmental, health and safety or planning laws that require modifications to the design or construction. e0e6b7cb5c


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