Design and Built
Building Contract
in the UAE
Mahmoud Fat'hi Bader (MSc, BSc Civil Engineering, LEED G. A.)Projects Engineer- Assistant Manager- DIB
Generally speaking, in order to reduce
and Built will be highlighted. Finally,
as it can keep control over some
risks during the design and construc-
conclusion will be provided.
special items and achieve value for
tion process, a client appoints advis-
Traditional procurement method
money. It is worth mentioning that the
ers to rely on them for controlling
(Design-Bed- Built):
effective way to effectively utilize this
design, time and cost. In my experi-
For several decades, the traditional
advantage is to follow the nomination
ence, in the UAE there are two types of
procurement was the dominant rout
process provided in the contract with-
clients; inexperience and experience
for buildings construction industry in
out delay. This route maybe consid-
clients. The inexperience client, is
the UAE.
Under this method, the
ered the best route for many employ-
usually private individual who want to
Employer has direct contract with
ers provided that the design was
build a building only once in a lifetime.
completed and all tender documents
This type of client is guided by his
were prepared.
advisers and contractors and he will
On the other hand, it is not uncommon
be offered what the advisers think they
for construction projects to have varia-
need. On the other hand, an experi-
tions. The variation control proce-
ence client works in construction
dures are usually mentioned in the
industry as a developer or even as a
contract. If the nature of the works are
governmental or semi governmental
Professional Team / Engineer who is
the same, bill of quantities is usually
institution; he has in house project
responsible for the design and super-
used for assessing the variations,
management team. This type of client
vision of the project and to administer
otherwise the Engineer is empow-
can influence his professional advis-
the contract at post contract stage. On
ered, after due consultations with the
ers.
the other hand, the employer has
Contractor and the Employer to fix the
Construction of a building can be
another contract with the Contractor
rates and prices, then the Contractor
procured by one of several methods:
who will construct the project. Figure 1
has a chance to make a profit out of
Design-Bed-Built, Design and Built,
illustrates the contractual relation-
this variation. Additionally, the frag-
Construction
Management,
ships between the parties.
mented nature of this method which
Management Contracting, and Public
The main advantages of this rout are:
keeps the design away from construc-
Private Partnership. The risks inher-
it provides the employer with a good
tion process, especially if there was a
ent in construction a building, which
tool to control the design and
flaw in the design. Such issue has a
will be borne by the contracting
construction process, thus the quality
potential to adversely affect the
parties, will be apportioned based on
is maintained under the employer
construction industry and to enhance
the contract type and procurement
control. Furthermore, if some aspects
the dispute between the parties, which
method. The choice of procurement
of building are not designed yet, then
in turns, leads to extra cost and time.
method depends on many factors.
provisional sums items can be
Furthermore, this method is time
This article sheds light on Traditional
provided into the contract sum.
consuming as the design should be
vs Design and Build procurement
Although the provisional sums items
completed, followed by bid process
method in the UAE. Firstly, the advan-
issues and delay nomination of
and contract awarding. Then, the
tages and disadvantages of the
subcontractors were considered of the
construction process can to be started
Traditional Procurement method will
top ten main reasons for delay of
by contractor. Figure 2 shows the
be discussed; likewise the advan-
construction projects in the UAE, it has
sequences of process.ll construct the
tages and disadvantages of Design
an advantage in favor of the employer
project.
26
Issue 72 March 2014
2014
72