We are the project manager on a relatively straightforward ECC Option C design and construct project. The employer is not necessarily interested in having drawings formally submitted for acceptance, as the contractor is deemed to be the expert, and acceptance of design would not change the contractor’s liability to design and construct in accordance with the works information. The works information requires the contractor to design the whole of the works. However, the contractor has a view that all design should be submitted for acceptance in accordance with clauses 21.1 and 21.2. Can you please clarify if all design is to be submitted for acceptance, and if so, would a comment along the lines of, ‘no design to be formally accepted’ inserted into the works information change this as the employer in this case requires?
There is no need at all for the submission of design for acceptance. You should therefore return any such design and explain that acceptance of it is not required under the contract. This also means that you do not need to add the suggested insertion into the works information.
It is important to understand that, in any event, acceptance by the project manager of the contractor’s design does not change its liability for that design, see clause 14.1.