SCCSI - Knowledge Check

The Workman Properties Ltd v ADI Building & Refurbishment Ltd case represents a significant TCC decision that clarifies the allocation of design responsibility under JCT Design and Build contracts. The judgment, delivered by the Technology and Construction Court in 2024, reinforces orthodox principles governing contractor design liability and provides essential guidance on the interpretation of Employer's Requirements. This case demonstrates the importance of clear contractual drafting and proper risk allocation in design and build procurement.

Case Background: The dispute arose from a JCT Design and Build Contract 2016 where disagreement emerged over which party bore responsibility for completing the design from RIBA Stage 3 to Stage 4, and the equivalent BSRIA Stage 4(i). The contractor argued that design responsibility remained with the employer, while the employer contended that the contractor had accepted full design completion obligations. The court's analysis focused on contractual interpretation principles and the nature of Employer's Requirements under the JCT form.

Key Legal Points: The TCC confirmed that contractors under JCT Design and Build assume full responsibility for design completion unless expressly excluded. The judgment clarifies that Employer's Requirements are descriptive rather than prescriptive, and do not constitute warranties from the employer. The decision confirms, on the wording of this amended JCT Design and Build contract, that the contractor bore responsibility to complete the design to RIBA Stage 4 and BSRIA Stage 4(i), and that statements in the Employer's Requirements did not amount to an employer warranty. The Court granted declarations to that effect under Part 8.