Why should the Contractors Design Submisson Procedure not apply post-Practical Completion under a JCT DB 2016 contract?
Asked 7 months ago2020-07-07 07:20:54
Schedule 1 of the JCT DB 2016 sets out procedures for the Contractor to submit his design to the Employer, and also how the Employer is to respond, and the results of a failure to respond in time by the Employer.
A failure if the Employer to respond to a submission within 14 days, leads to the Contractors design being approved at Status A - ie proceed to build.
If defects are present post-PC ( or to be more accurate in the instant case I am referring to, minor outstanding works exist that were always envisaged by the Parties to be completed after PC for operational reasons ) and these defects/works require a design submisson to be made, and the Employer failed to respond in time, is the Contractor right to assume a status A has been achieved, simply on the basis of what Schedule 1 says, or are there any contractual reasons (or cases) why the process should not operate in a post-PC environment?