Unraveling the Complexities of Design Liability: Insights from a Construction Industry Expert

In episode 24 of The Subcontractors Blueprint podcast, Jacob Austin is discussing Design Liabilities and Design & Build Subcontracts. Jacob starts by discussing the issue with Fitness for Purpose criteria within the design and build requirements and why you should avoid these at all costs. He then delves into some of the pertinent clauses, outlining requirements, compliance with directions and where CDM obligations are introduced. He then explains the process of submitting the designs, the various statuses of the design review process and the ability for the approver’s comments to be challenged in a timely fashion. Jacob recalls his experience of an Employer abusing the design submission procedure, and how this could have been avoided with hindsight. He then covers the liability statement which assumes that the subcontractor will have as much skill as an qualified architect in designing their particular piece of the contract design.   KEY TAKEAWAYS: Fitness for purpose clauses should be avoided at all costs. The process for design submission is straight forward, and there are rights for the sub-contractor to challenge the contractor’s approval of designs to seek instruction or re-state the contract requirements. Employers do misuse the design review and approval process, and this abuse can be lessened with proper application of the design submission procedure. The submission and approval of design does not remove obligations to achieve the requirements of the subcontract if the design is later found to be lacking.   BEST MOMENTS: “Sometimes the employer will use the building for a particular purpose, but within his requirements, he will state, 'I want a floor that can do X.' You design to those criteria, but then the fitness for purpose element may take it above and beyond that.” “If you find fitness for purpose statements within your subcontract inquiries and within your subcontracts themselves, challenge them and don't be afraid to walk away from the work if you can't negotiate those statements out." "You are liable for all of that: moving the tenant out, moving them into temporary accommodation, maybe setting them straight for loss of income that they have incurred whilst they have not been able to use the building." “They can still come back at a later time when they can’t get their five metre tall piece of plant through the door and say, hold up, Mr. Contractor, you f*d this one up!”   Jacob is on a mission to help the 1 million SME contractors working within the construction industry. If you've taken something of value from this episode, please share the podcast with someone you know, and pass the value on.   HOST BIO: Meet Jacob Austin, a Chartered Quantity Surveyor with a rich background at construction industry giants Balfour Beatty, Kier, and Vistry Group. With extensive involvement in education, health, and residential projects spanning various scales, from £1000s to £100M in concurrent developments, Jacob brings a unique perspective. Having collaborated with numerous small businesses, he's now committed to sharing his expertise to drive their success. Join Jacob on his podcast, where he blends his profound insights and personable approach to offer guidance, industry secrets, and inspirational stories.   LinkedIn - www.linkedin.com/in/jacob-austin/  Instagram - www.instagram.com/qs.zone/  www.qs.zone/all-links