PROBLEM STATEMENT / ISSUES Sample Clauses

PROBLEM STATEMENT / ISSUES. As mentioned in 1.2 above, in the recent years, Design and Build procurement method has always been the flavour of the industry. However, these employers to their own advantages have attempted to have the best of both worlds by engaging their own consultants prior to the appointment of the design and build contractor. These consultants are then novated to the design and build contractor who accepts entire responsibility for the design including any design carried out by the consultants prior to their appointment. The employer and the contractor have different interests in the development. The employer does not drop out of the picture as in the classic novation, but instead retains its interest in the project. This gives rise to a situation which has obvious differences from the classic novation. The obligation of the consultant change, even if the novation does not expressly state this. The services the consultant would have performed for the employer will differ from those required by the contractor. The Consultancy Services between the employer and the consultant are in fact of the normal consultancy services as per the requirement of their respective Professional Bodies i.e IEM, XXX etc and there are none whatsoever at the current moment control by any bodies towards the execution of novation agreement.
Sample 1
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