Employer's Requirements/Contractor's Proposals: Design and Build Best Practice

There has been a marked change in the way that construction projects are procured in recent years; the traditional method of separate design and construction remains an important part of construction but Design and Build is now an established procedure. The development of Design and Build has produced many challenges for construction; customary, tested and valuable protocols have become less significant. The Standard Method of Measurement of Building Work (SMM), a stalwart of many years, is of little significance when Design and Build is the predominant procurement system. Design and Build is normally executed via an Employer’s Requirement document requiring the response of Contractors’ Proposals. There are few protocols to assist surveyors in drawing up contract documentation for Design and Build projects but it is self-evident protocols are a necessary part of contract documentation. The SMM was revised and produced in seven editions [before being replaced by New Rules of Measurement ] to assist the parties to contracts in agreeing the constituent components of the contract. SMM’s have also developed in other countries and other industries (e.g. Civil Engineering). However there is very little guidance on the production of Employer’s Requirement or Contractor’s Proposals. The research investigated and validated the proposal that the absence of any protocol and guidance for Employer’s Requirements/Contractor’s Proposals in Design and Build projects is a problem. The research investigated, but did not agree that, the absence of any protocol seriously hampers the utilisation of Design and Build since the call for Design and Build is so strong. However it does leave both employers and contractors exposed both commercially and contractually. There is an immediate need for further work. In particular, the development of an equivalent to SMM for Design and Build would be worthwhile; logically, such work will benefit surveyors and their clients.