Standard form design and build contracts differ in how they treat contractor design obligations. They may impose a fitness for purpose obligation1 or require the Contractor to exercise reasonable skill and care. In practice, standard form conditions are often heavily revised; contractor design obligations may be set out in the conditions as well as other, technical, parts of the contract. The precise scope and nature of the obligations may be unclear, and the obligations may appear contradictory. A number of problems can – and often do – arise as a result. These recurring issues are highlighted in the recent cases discussed in this article. The outcomes may act as a warning to Contractors and Employers who are parties to contracts of this nature.

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