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Contractor's designed portion meaning

What does Contractor's designed portion mean?
The part of a project that the main contractor both designs and builds, while the employer’s professional team remains responsible for the design of the rest of the works. In practice this allocates design risk for defined elements (for example, cladding, MEP or piling) to the contractor. Contractor’s Designed Portion (CDP) is a defined term in jct building contracts, not a statutory or case‑law definition. The CDP is identified in the Contract Particulars/Employer’s Requirements, with the contractor submitting design proposals, drawings and specifications for acceptance. Typical features include: the contractor’s design duty (usually reasonable skill and care unless a higher fitness‑for‑purpose obligation is expressly agreed), coordination of its design with the employer’s design, professional indemnity insurance, and collateral warranties from contractor/sub‑consultant designers. Employer review or approval does not relieve the contractor of CDP design liability. Usage and legal effect are broadly consistent across England & Wales, Scotland and Northern Ireland where JCT forms are used. In Ireland, the concept of contractor design for specified elements is common under RIAI and Public Works Contracts, but the specific JCT label “Contractor’s Designed Portion” is not generally used; responsibilities are set out in the Works Requirements and contract schedules.
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View the related News about Contractor's designed portion

NEWS
JCT 2024 Minor Works and sub-contracts released: key changes from 2016—collaboration, notices, sustainability, Part 2A, design liability, LADs, insolvency, termination, disputes, fluctuations

On 15 May 2024, the Joint Contracts Tribunal (JCT) released its 2024 versions of the Minor Works Building Contract (MW), the Minor Works Building Contract with contractor’s design (MWD), the Minor Works Sub-Contract with sub-contractor’s design (MWSub/D), the Short Form of Sub-Contract (ShortSub) and the Sub-subcontract (SubSub) 2024. This follows the 17 April 2024 publication of the Design and Build Contract and the Design and Build Sub-Contract Agreement and Conditions, together with the related guides (see News Analysis: The JCT Design and Build Contract 2024—what’s changed?). These forms sit alongside the April releases and guides. The JCT MW and MWD suites are geared for schemes of relatively modest value where the Contractor must perform the construction works, and, for MWD, also undertake a defined element of the design responsibilities. MW covers the works, whilst MWD includes a contractor-designed portion carried out by the Contractor. The JCT MWSub/D is designed for projects where the main contract adopts the JCT MWD form, and sets out obligations concerning designs delivered by the sub-contractor...

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View the related Practice Notes about Contractor's designed portion

PRACTICE NOTES
UK construction law glossary—C: contracts, procurement, CDM, insurance and dispute resolution

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Call-off The method, within a framework agreement, of directing particular works to be undertaken when needed, as appropriate. According to the arrangement's format and conditions, a call-off might demand that a separate contract is concluded, or it may simply need the instructing party to issue a call off notice. Refer to Practice Note: Framework agreements in construction—call-off procedures. CAR insurance Consult Contractor's all risk (CAR) insurance below. Category A fit out Interior fit out provided to a fundamental standard for landlords/developers, typically. Pinning down the scope is challenging, as it can differ quite widely in practice. Nevertheless, guidance does exist, such as authoritative publications issued by the British Council for Offices. Category B fit out Interior fit out delivered to an exact specified design for occupiers/owners...

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PRACTICE NOTES
JCT design responsibilities: D&B and SBC (CDP), ERs and CPs, standard of care (2024 updates), discrepancies, liability limits, consultant design duties, design submission procedure, copyright and PI insurance

Practice Note This Practice Note reviews design obligations within the JCT suite of contracts—chiefly the Design and Build Contract (D&B) and the Standard Building Contract (SBC) where a Contractor’s Designed Portion applies (commonly termed a CDP). It also touches on the Intermediate and Minor Works forms. Across the JCT suite, the Contractor may assume design responsibility to different extents. The Employer can adopt a design and build procurement approach by selecting the D&B form, under which the Contractor undertakes completion of the entire design. Alternatively, using a traditional route, the Contractor may still carry design responsibility for a defined part by choosing a traditional form, such as the SBC, incorporating the optional CDP. This Practice Note explains how design responsibility is apportioned in the D&B and SBC forms, and examines additional key design-related provisions, including the mechanisms for resolving inconsistencies between design documents, copyright matters, and the standard of care required in carrying out design. It identifies who carries which duties, clarifies treatment of document conflicts, and sets out...

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