Design and build (D&B) meaning

Loss and expense claims in JCT D&B 2011—flowchart [Archived] ARCHIVED: This flowchart is now retired and no longer supported. Click here to obtain a PDF copy...

FTT allows taxpayer’s R&D appeal (Stage One Creative Services Ltd v HMRC) In Stage One Creative Services Ltd v HMRC [2024] UKFTT 1059 (TC), the FTT upheld the company’s appeal concerning R&D claims. The business delivered engineering, construction and automation solutions for live events and installations. One project required it to design, build and install an intricate scenic set for a theatre production: an automated ‘pearl’ that flew across the auditorium and then opened to reveal a performer inside. The company sought R&D relief on costs incurred under multiple contracts, supported by detailed R&D reports. Typically, clients would approach with an idea and were more focused on the end result, not the methods adopted. The written agreements made no reference to R&D and were on a fixed-price basis, giving the company freedom to determine what research and development was necessary to achieve the brief. Knowledge arising from R&D and any intellectual property remained the property of...

In this issue: Standard form contracts Building safety Arbitration Daily and weekly news alerts New and updated content Construction trackers Standard form contracts A quick guide to the Employer’s power to instruct under the JCT Design & Build Contract Employers’ rights to issue instructions under the JCT suite are frequently assumed rather than scrutinised. This overview, authored by James Ladner, legal director, and Fiona Fingland, associate, at Pinsent Masons, examines the foundations and breadth of the Employer’s ability to instruct within the JCT Design and Build Contract, the constraints on that ability, including in relation to variations after practical completion, and the ramifications where parties fail to manage instructions in accordance with the contract’s terms. See News Analysis: A quick guide to the Employer’s power to instruct under the JCT Design & Build Contract. Building safety The Building Safety Levy (England) Regulations—a quick guide On 10 July 2025, the government presented the draft Building...

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...

What is design and build? In its essence, design and build (D&B): is a procurement route under which one organisation (the D&B contractor) takes responsibility for both the design and the construction stages of a scheme, and can give the employer a single point of contact and accountability, thereby lowering the employer’s risk. Whilst D&B places greater risk on the D&B contractor, this is dealt with through pricing overall What is D&B insurance and why is it needed?...

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 D&B See Design and build beneath. DBO See Design, build and operate beneath. Date for completion/completion date Means the date stated therein in the building contract (typically within the contract particulars/contract data) by which the contractor must finish the works—ie the point by which practical completion is to be achieved (see Practice Note: What is practical completion?). This completion date may change over the course of the project, for instance where the contractor receives an extension of time. Should the works not be completed by the completion date, the contractor is liable to the employer for liquidated damages (where the contract so provides) or, failing that, general damages for delay in completion (arising from breach of contract thereunder). Date for possession The date set out in the building contract on which the employer gives...

Introductory guide to construction law This starter guide to construction law is intended for trainee solicitors and anyone new to construction as a practice area. It concentrates on the core principles that govern construction law and projects, and signposts numerous links to Lexis+® UK Construction material offering fuller coverage of the subjects discussed. New starters will also find the Overviews within each topic on Lexis Construction+® UK useful. If a point sits outside this brief guide, head back to the Construction+® UK homepage to explore more content, or use LexisAsk to put a question to the team. For those handling disputes, see also Practice Note: Construction disputes—new starter guide. Topics covered What do construction lawyers do? Parties to a construction project Project structure (procurement) Pricing Timeline of a construction project Is there any specific legislation? Building contracts Consultant appointments Collateral warranties and third-party rights—what are they? What other construction documents should be noted? Construction disputes...