What remedies are there for the contractor

Question

2016 D&B; a novated designer has gone into insolvency. There has been some delay in employing new designer and relevant information need was delayed. What are the remedies for the contractor …EOT ?

Tom Spilsted · Answer

Farouk, I assume you are talking about a JCT contract however the logic applies to most D & B contracts. Usually the novation agreement for the designers agreement will transfer all design responsibilities and liabilities both pre main contract award and post contract award to the main contractor. Under a D & B contract any designer insolvency event is the same as if it were a sub contract trade and the main contractor carries the time and cost risk. Even though this design agreement was notated I wouldn’t think it created a special class of designer - all the risk would transfer to the Main contractor so unlikely to be grounds for any EOT I’m afraid.

What remedies are there for the contractor

contractor

FAROUK Yusuf

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