Public Sector Standard Conditions of Contract for Design and Build

A Commentary

By Drew & Napier LLC and KPK Quantity Surveyors

The Construction 21 Report published in 1999 recommended design and build as the preferred procurement method for the construction industry. The report promoted design and build as an integrated approach to construction. The Building and Construction Authority, tasked with spearheading the use of design and build, launched the Design and Build Public Sector Standard Conditions of Contract in May 2001.

LexisNexis’ Public Sector Standard Conditions of Contract for Design and Build — A Commentary, by Drew & Napier LLC and KPK Quantity Surveyors, is a timely publication addressing the needs of the practitioners, including lawyers, involved in the construction industry.

The book is a comprehensive annotated commentary of the contract in its entirety aimed at architects, engineers, contract administrators, project managers, contractors, suppliers as well as construction lawyers. It sets out the rights, duties and obligations of the parties involved and highlights problem areas that may arise.

The book is well structured, making it an easy to use reference book. Clauses are cited in full in bold typeface and commentaries made immediately following the clauses. The commentary reflects the expertise of the different disciplines of the authors and provides a legal viewpoint balanced with a construction practitioner’s approach to the subject. It also pays special attention to the more common problem areas of extension of time, liquidated damages, variations, set-offs, payment certificates, defects and termination. These topics are very often the beds from which disputes arise and the emphasis the authors give to them will assist users of the contract to avoid the more common pitfalls arising from these issues.

The commentaries are supported with case law, from Singapore, the United Kingdom and Australia, discussing current developments in these jurisdictions. It also makes comparisons with other standard forms of contract in use like the REDAS Design and Build Conditions of Contract, the SIA Standard Conditions of Contract and the JCT CD98 Form (with Contractors’ Design).

The authors have included several flow charts dealing with extension of time, valuation of variations, procedures for claims, termination, progress payments, final accounts and dispute settlements which help consultants and contractors in the administration and management of these complex but critical provisions. Flow chart diagrams make these complex provisions easy to follow and serve as reminders of the obligations and actions required by each party.

Another helpful section of the book is the summary of all the condition precedent clauses and time bar provisions found in the appendix. The Public Sector Standard Conditions of Contract abounds with condition precedent clauses and time bar provisions. This summary provides a useful checklist for practitioners and helps users, especially contractors, to look out for them so that they will not be time barred from future claims.

It is certainly a useful and concise reference book to have for everyone in the construction industry.

Johnny Tan
LT&T Architects