Guide to JCT Design and Build Contract 2016

7 Sums properly due

7.1 DB16 is a lump sum contract, which means that all the work described in the contract documents, including completion of the design to meet the employer’s requirements, is to be carried out for the agreed sum, and there is no provision for any remeasurement. The contract sum, which is the tender figure accepted or agreed following negotiation, is entered in Article 2.

7.2 Although the employer may assume that the contract sum is ‘fixed’, in design and build procurement this is rarely the case in practice. Most forms of contract include provisions to deal with situations where the employer requires changes to the design, usually with heavy financial penalties. Additional provisions may be introduced to accommodate changing ...