iterations of a contractor design review and acceptance process can all be proposed as a means of giving the developer some protection at the point new design is introduced into the works. However, none of these are satisfactory for the simple reason that very few contractors will be prepared to agree to a mechanism that does not allow them to secure additional time and money in circumstances where the developed design they eventually receive is markedly different to that same design reviewed prior to contract. If a developer is proposing this course, it should be suggested that the scope of the work or the packages to which it applies is kept as limited as possible and a sustained effort is made to ensure that in all material aspects the design does not change. However, it is probably just safer for a developer to remember the old adage that an employer can retain control of any two of price, design or programme, but never all three, and simply ensure that its design will be sufficiently complete for the contractor to price at the appropriate juncture in the procurement process.
works are usually in, which, particularly in the case of contractual terms, may make the prospect of adopting such works an even less appealing prospect to the contractor for the main works. In letting preparatory works, the developer should therefore make a concerted effort to ensure that the terms of the preparatory works contract are as back- to-back as possible with the likely terms of the main contract. This is complicated by not knowing exactly what terms the contractor of the main works will ultimately accept, and the robust contractual stance taken by many prospective preparatory works contractors. However, if the developer wishes to have such preparatory works adopted to the fullest extent possible (and therefore remove any interface risk to itself) it should consider what it can do to make the preparatory works contract as appealing as possible to the future contractor of the main works. The risk of incomplete design It is worth sounding a note of caution about proceeding to the construction phase of a project with incomplete design, since there is no satisfactory way of protecting the developer against the inherent price risk of this approach. Various contractual mechanisms such as guaranteed maximum sums, defined provisional sums and even
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