Design, designer and designer’s liability in construction procurement routes

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dc.contributor.authorAkbiyikli, Rıfat
dc.contributor.authorOnur Uğur, Latif
dc.contributor.authorAteş, Ali
dc.contributor.authorPolat, Hakan
dc.contributor.organizationUniversity of Düzcepl_PL
dc.date.accessioned2016-11-16T07:48:22Z
dc.date.available2016-11-16T07:48:22Z
dc.date.issued2016-11
dc.description.abstractIn construction projects, the question of who bears the risk and responsibility for the design of the project is often a source of dispute between the project owner, on the one hand, and the architect/engineer or the contractor/subcontractor(s), on the other hand. All parties to a construction project should ensure they have read and understood their design responsibilities pursuant to the terms of their contracts. Most importantly, parties should ensure that the contracts explicitly reflect the intended allocation of design responsibilities and understand all of the consequences of that allocation. Furthermore, contractual parties should also be aware of the situations in which design responsibility, or a standard of fitness for purpose in respect of design responsibility, can be implied into a contract. In a traditional construction contract, design is undertaken by an architect or engineer employed by the employer. The contractor is provided with the design and must build the works in accordance with it. This is an absolute obligation. In design and build contracts a contractor will, in the absence of express words to the contrary, generally be found to have undertaken to provide works that are fit for purpose. One risk is the possibility that the contractor's liability to an employer is greater than the liability that it can pass down to consultants. Any consultant it engages will almost certainly carry out its design function on the less onerous 'reasonable skill and care' basis. In FIDIC forms of contract too there are clauses dealing with the liabilities of the designer. This issue will be kept outside the study. This paper will try to explore the scope of designer’s liability under construction contracts through a review of different procurement routes in use in the construction industry.en
dc.description.epersonJarosław Górecki
dc.identifier.citationAkbiyikli R., Onur Ugur L., Ateş A., Polat H., Design, designer and designer’s liability in construction procurement routes, [in:] Journal of Current Construction Issues. CIVIL ENGINEERING PRESENT PROBLEMS, INNOVATIVE SOLUTIONS - Sustainable Development in Construction, ed. Jarosław Górecki, BGJ Consulting, 2016pl_PL
dc.identifier.isbn978-83-87480-03-5
dc.identifier.urihttps://open.icm.edu.pl/handle/123456789/10724
dc.language.isoenpl_PL
dc.publisherBGJ Consultingpl_PL
dc.rightsUznanie autorstwa-Na tych samych warunkach 3.0 Polska
dc.rights.urihttp://creativecommons.org/licenses/by-sa/3.0/pl/
dc.subjectconstructionen
dc.subjectcontracten
dc.subjectdesignen
dc.subjectdesigneren
dc.subjectliabilityen
dc.titleDesign, designer and designer’s liability in construction procurement routesen
dc.typebookPartpl_PL
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