The design of risk

Hartley, D

The design of risk - 2000 - Building 265(8161) 10 November 2000, 69(1) .

The first in a series of PFI articles illustrates how contracts can offer protection against design disputes. Although design risk is generally passed by the SPV to the building contractor and designer, this liability only remains for up to 12 years, after which the SPV and facilities management subcontractor will bear the risk. Outlines how the PFI concession contract can incorporate acknowledgement from the procuring authority regarding specific terms. Discusses the further complications posed for the SPV by the obligation for reasonable skill and care, and suitability for purpose, which continues to apply once the construction is completed.


PFI
REASONABLE SKILL
REASONABLE CARE
SPECIAL PURPOSE VEHICLE
DESIGN GUIDELINES
RISK
FITNESS FOR PURPOSE
PFI CONTRACTS