Architectural Design as a Source of Contractual Claims: Four Case Studies

Architectural design is a process consisting of consecutive stages, developing in levels of detail. The process is linear, yet iterative. The deliverables of the design process, which are eventually incorporated into Construction Documents may be the sources of contractual disputes due to a number of reasons including inadequecies, inconsistencies, discrepancies, errors and intellectual property issues. One of the major demarcations between Project Delivery Systems or procurement methods is the delegation of design responsibility to the parties of a contract. In a Traditional contract, design is undertaken by a design team employed by the employer. In Design Build contracts, the contractor assumes the responsibility of the major part of design. In Engineering, Procurement and Construction the contractor assumes full responsibility for design. The process of design may be split due to several reasons, including cost, time and constructability concerns. However, the fragmentation of the process generally leads to complex contractual claims in construction projects. The present paper shall present four case studies from the Turkish construction industry involving design related claims. The paper shall attempt to investigate the causes of design related claims and to point out remedial measures to reduce their impact.

Anahtar Kelimeler: Architectural design, procurement systems, claims

Architectural design is a process consisting of consecutive stages, developing in levels of detail. The process is linear, yet iterative. The deliverables of the design process, which are eventually incorporated into Construction Documents may be the sources of contractual disputes due to a number of reasons including inadequecies, inconsistencies, discrepancies, errors and intellectual property issues. One of the major demarcations between Project Delivery Systems or procurement methods is the delegation of design responsibility to the parties of a contract. In a Traditional contract, design is undertaken by a design team employed by the employer. In Design Build contracts, the contractor assumes the responsibility of the major part of design. In Engineering, Procurement and Construction the contractor assumes full responsibility for design. The process of design may be split due to several reasons, including cost, time and constructability concerns. However, the fragmentation of the process generally leads to complex contractual claims in construction projects. The present paper shall present four case studies from the Turkish construction industry involving design related claims. The paper shall attempt to investigate the causes of design related claims and to point out remedial measures to reduce their impact.

Keywords: Architectural design, procurement systems, claims

Sözen, A. Z. & Yazıcıoğlu, Z. (2018). Architectural Design as a Source of Contractual Claims: Four Case Studies. Journal of Current Researches on Engineering, Science and Technology, 4 (2), 89-98.