Guide to JCT Design and Build Contract 2016

10 Default and termination

10.1 In design and build procurement, the consequences of any serious breakdown of relations resulting from default are likely to be even more complex and difficult to resolve than under traditional procurement. Should the contractor’s employment cease, the employer will be faced with a half-erected structure to complete, almost certainly with an incomplete design, and without the continuing services of the person responsible for completing it. If the contractor is unable to complete the project, it will remain liable for its design, even where the construction is completed by others. Clearly, this situation is very unsatisfactory for all parties and should be avoided if at all possible. However, problems can occur ...