How Beyond Consulting Supports Engineers and Architects in Design and Build Contracts

In the UAE, Design and Build (D&B) contracts are becoming increasingly common as contractors take on both design and construction responsibilities to deliver projects. While this approach has its advantages, many engineers and architects appointed as consultants under these contracts find themselves navigating unfamiliar territory. Beyond Consulting is here to help.

D&B contracts introduce complexities that differ significantly from traditional project structures. From negotiating the initial contract terms to managing ongoing obligations, consultants often face challenges that can impact project success. Key considerations include...

• Professional Indemnity (PI) Insurance Coverage

  Contractors are typically required to procure project-specific PI insurance. However, consultants must ensure that the policy appropriately protects their interests and clarifies follow-through responsibilities for any claims.
  
  

• Standard of Care

  While contractors often commit to a “fit for purpose” standard, this is typically not appropriate for consultants. It’s essential to define and agree on a reasonable standard of care to avoid overextending liabilities.
  
  

• Design Responsibility Allocation

  Even as the Lead Design Consultant, a consultant may not undertake all elements of the design. Passing the full design obligations of the contractor to the consultant is neither fair nor practical. The contract must clearly delineate responsibilities.
  
  

• Bonds and Delay Penalties

  Many D&B contracts impose onerous requirements, such as performance bonds or delay penalties, which can dwarf the consultant’s fees. Careful negotiation is needed to ensure these terms are equitable.
  
  

• Payment Application Processes

  Consultants must align with the contractor’s payment procedures to ensure timely compensation. Understanding the contractor’s requirements for getting paid and passing payments to the consultant is critical to maintaining cash flow.

How can Beyond Consulting help?

At Beyond Consulting, we leverage extensive experience to support consultants at every stage of a D&B project:

• Pre-Award Negotiation

  We work closely with consultants to identify potential risks and opportunities, ensuring contracts are structured correctly from the start. This includes negotiating key terms like insurance, standards of care, and design responsibilities to protect the consultant's interests.
  
  

• Project Execution Support

  Our team collaborates with consultants and contractors to address challenges and maintain clear communication throughout the project lifecycle. By staying engaged, we help consultants avoid pitfalls and resolve issues efficiently.
  
  

• Ensuring Project Success

  From bidding through completion, we provide the guidance and expertise necessary to navigate the complexities of D&B contracts, ensuring smooth execution and successful outcomes for all stakeholders.
  
  

Partner with Beyond Consulting

Whether you’re new to D&B contracts or seeking to refine your approach, Beyond Consulting is your trusted partner. Our team ensures that your projects are bid correctly, your interests are protected, and your collaboration with contractors is seamless. With our support, engineers and architects can focus on what they do best - delivering exceptional designs that bring projects to life.