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FOCUS CONTRACTOR’S DESIGNED PORTION


By Len Bunton FRICS FCIArb, HON FRIAS


Contract Expert I


n my ongoing series of articles for CABLEtalk, I have endeavoured to focus on issues I continually see as an adjudicator which cause problems. Just to reinforce some previous messages:


●Read the sub-contract you are signing up to and take advice ●Make sure there is a payment schedule in your contract, which sets up the date of your application for payment, due date, fi nal date for payment, etc and stick to them rigidly ●Make sure your application for payment is fully detailed and substantiated. A very common problem area is the contractor’s designed portion (CDP). This is where the contractor or sub-contractor takes some responsibility for elements of the


Ensure there’s a payment schedule in your contract


Caution! Dangerous process ahead!


In the complicated world of contracts and sub-contracts, you may well come across the contractor’s designed portion. But what is it? And what should you beware of? Our industry expert explains all…


design. However, sometimes this is more than designing an element and in fact almost the whole design is carried out – so be wary. There is no doubt that over the past 20 years or so the extent of CDP has increased dramatically. One of the


reasons for this has been the fact that designers’ fees have been slashed to the point that, in many cases, a limited design is in place and the rest of the responsibility has been dumped onto contractors and their supply chain. I was looking at contract documents recently in which there were more than 40 CDP packages in the tender. I was also involved in a situation advising a client, and 15 sub-contractors were involved in several communications all relating to the design of various CDP elements. Incredible!


The type of issues I see emerging in disputes include design development, extent of design responsibility, approval periods, extent of design necessary and interface issues. Of these, interface issues probably cause the biggest problem area. By that I mean how the specialist’s design integrates into the design of the rest of the building.


52 CABLEtalk AUGUST/SEPTEMBER 2021


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