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Traditional contracting meaning

What does Traditional contracting mean?
Traditional contracting (also called design–bid–build) describes the construction procurement route in which the employer retains responsibility for design (through its architect/engineer and other consultants) and the contractor is engaged to build in accordance with the completed design and specification. It is a descriptive industry term, not defined by statute, though widely used in contracts and case commentary. Typical features include: separate professional appointments for design; tendering after most or all design is complete, usually on drawings, specifications and a bill of quantities; a contract administrator/architect/engineer who instructs and certifies; the employer carrying design risk (save for any contractor’s design portion), with the contractor taking construction, time and workmanship risk; payment on a lump-sum or measured/remeasurement basis; changes managed via variations and extensions of time. Traditional procurement offers design control and price transparency but is usually sequential (design then build), which can lengthen programmes compared with design and build. Usage is broadly consistent across England and Wales, Scotland, Northern Ireland and Ireland. Common forms include JCT Standard Building Contract (and NEC ECC where the Employer provides the design), SBCC equivalents in Scotland, RIAI Building Contract in Ireland, and Irish Public Works Contracts (PW-CF1–PW-CF5) when the Employer retains design.
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View the related Checklists about Traditional contracting

CHECKLISTS
Collateral warranties in construction: beneficiaries and providers, and step-in rights across design and build, traditional, construction management and management contracting; and comparison with third party rights

This table reviews the parties that are likely to receive a collateral warranty under design and build, traditional, construction management, and management contracting procurement routes...

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NEWS
Weekly UK corporate crime and enforcement update: sanctions, FCA actions, prosecution guidance, gig economy illegal working, data protection, environmental offences, AML/CTF and Post Office Horizon redress—10 July 2025

In this issue: Investigating criminal conduct Decision to prosecute and alternatives to prosecution Criminal procedure and evidence Bribery, corruption, sanctions and export controls Consumer protection and cartels Cybercrime and data protection offences Environmental offences Financial services and pensions offences Fraud, forgery, tax and theft offences Health and safety and corporate manslaughter offences Money laundering International Other corporate crime news Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Investigating criminal conduct Home Office announces nationwide operation targeting illegal working in gig economy The Home Office has rolled out a nationwide operation to tackle unlawful working within the gig economy, with delivery riders singled out for particular attention. Positioned as part of the government’s ‘Plan for Change’, the initiative is backed by the Border Security, Asylum and Immigration Bill. That legislation will widen the scope of the existing right...

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NEWS
Contracting for AI performance: metrics, explainability, transparency, bias audits, data governance, model drift, SLAs and remedies

Why is defining performance metrics and customer requirements more challenging for AI systems? AI’s intricacy and dependence on extensive datasets make it tougher to pin down clear success measures than in traditional IT projects. Key reasons include: non-deterministic behaviour. Numerous AI models, especially those built on machine learning or deep learning, may return different answers to the same inputs at different times. Whereas conventional software tends to be consistent, shifting model parameters blur simple pass/fail judgements. One test run can vary in outcome, so it’s wiser to define performance thresholds than fixed, single-shot checks. dynamic training data. Many AI solutions continue learning after deployment, risking ‘model drift’. As data or the surrounding context changes, accuracy and reliability can move unexpectedly. Contracts should recognise this and call for periodic evaluations or ‘recalibration’ to remedy any slide in performance. opaque processes. Deep neural networks often act like ‘black boxes’, producing outputs without an easy account of how they were derived. Where contracts demand ‘explainability’ or ‘interpretability’,...

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PRACTICE NOTES
Legal and practical guide to administering construction contracts: roles, payment and time processes, completion and risk, under JCT 2024, NEC3/4 ECC and FIDIC

Introduction This Practice Note explains how construction contracts are ordinarily managed on projects. It concentrates on the contract administrator’s role and how administration varies with the chosen procurement route and contract form, with particular emphasis on the JCT, NEC ECC and FIDIC suites. What is contract administration? In essence, contract administration is the supervision and tracking of a construction project to ensure successful delivery. It covers both hands-on oversight as the works get under way (eg inspecting the works, monitoring progress and conducting tests) and the handling, issuing and reviewing of the documents required by the contract (including payment notices and the evaluation of claims). In this Practice Note, ‘contract administrator’ is used as a generic label; however, different standard forms adopt different titles for the person performing this function-this is considered further in Who is responsible for the administration of building contracts? A summary of the contract administrator’s tasks appears in What does the contract administrator do? Who is responsible for the administration of building...

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PRACTICE NOTES
Modern Methods of Construction: Legal and Contracting Guide to Procurement, ECI/DfMA, Frameworks, JCT/NEC/FAC-1, Risk, Warranties, Payment Security and Net Zero

Background The term ‘MMC’ The Ministry of Housing, Communities & Local Government’s specialist sub-group has produced a definition framework for MMC, setting out seven categories: Category 1-Pre-Manufacturing-3D primary structural systems Category 2-Pre-Manufacturing-2D primary structural systems Category 3-Pre-Manufacturing-Non systemised structural components Category 4-Pre-Manufacturing-Additive Manufacturing Category 5-Pre-Manufacturing-Non-structural assemblies and sub-assemblies Category 6-Traditional building product led site labour reduction/productivity improvements Category 7-Site process led labour reduction/productivity improvements The framework seeks to standardise and clarify how MMC is described, capturing the wide array of innovative construction approaches now used across the market. Further details can be found here. For practitioners, establishing whether your scheme uses MMC and how extensively it influences delivery is valuable-particularly for key contractual risks such as structuring payments, title or insolvency exposure, programme, design responsibility, addressing climate change, and handling issues like materials shortages or fire safety. Construction Sector trends The construction industry has witnessed marked progress in off-site delivery, reflecting MMC’s increasing...

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PRACTICE NOTES
AI and cyber security in the UK: legal duties, risk management, compliance measures and contractual considerations under UK GDPR, NIS and related regimes

This Practice Note outlines the principal cybersecurity ramifications posed by artificial intelligence (AI) in relation to duties under UK law, including those arising from the United Kingdom General Data Protection Regulation, Assimilated Regulation (EU) 2016/679 (UK GDPR). It further sets out practical guidance on embedding AI as a relevant factor within existing cybersecurity compliance frameworks already in place. Advances in AI prompt concerns about the implications for cybersecurity and, as adoption grows, so too do related cybersecurity concerns. In January 2024, the UK National Cyber Security Centre (NCSC), the UK’s technical authority on cyber threats, warned that AI will almost certainly render cyberattacks on UK organisations more effective and widespread. In April 2026, DSIT and the Cabinet Office published an open letter to businesses on AI cyber threats, warning that the development of AI models is dramatically expanding the speed and scale at which cyber attacks are being carried out, and that organisations must adjust the way they manage cyber risk accordingly in response (see: LNB News 16/04/2026 14)....

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