Two Stage Tendering for Destination Builds

Perhaps the most crucial factors contributing to the success of a destination builds (tourist attractions, hotels, restaurants, head offices) are location and design.  Once chosen, there’s not much you can do about location.  Design however, is a different matter.  Not only does it cause challenges throughout the initial fit out, over time the building will need to re-design to keep up to date.

There are four main methods of procurement and central to each is the responsibility of design.

1) Construct Only: This method sees the developer appoint a design team which will control all areas of design until the project is finished.  Once the design of the building is completed the developer will tender for a construction team.  This tender will be solely for construction duties and as bidding is for a finished design, tenderers can bid a lump sum.  The main advantage of this procurement process is that the developer retains control of design, vital to the owners. The contractor is also taking on less risk than a project that may still change so costs can be driven down.  However, this step by step process demands a lot more time than ones where building and design can overlap or coincide.

2) Design and Build: Design and build procurement involves the developer having their own design team which will begin the design process.  Then, once the design has reached a suitable stage, a design-build contract is issued.  The contractor who wins this contract will continue to develop the design, replacing the original team, while carrying out building works.  An advantage is that the work can begin earlier which will save the developer money.  It also limits the risk of extension of time claims due to design error.  There are some disadvantages.  Tenders will ask a higher price than Construct Only contracts, as they do more work.  Also, the developer loses design ownership key to the brand of the building.  It is possible for the developer to employ a team of design monitoring consultants but the opportunities for confrontation and crossed wires arise, as do more costs.

3) Two-Stage Tendering:  This can be seen as a adaptation to the Design and Build process.  It is sometimes thought of as more suitable for smaller, less complex buildings, but is increasingly popular.  This arrangement involves a contractor carrying out pre-construction work and assisting the developer’s design team.  It is usually let on a guaranteed maximum price basis.  When the design has progressed to a point where construction is able to begin, the developer will enter into either a construct only contract or possibly a design-build contract to complete the works.  The benefits of two-stage tendering to the developer involve retaining the all-important design control.  Also, as the developer has been able to engage the contractor early and obtain a fixed price for the second stage, this system provides cost and time savings.

4) Construction Management: With this system, the developer employs a construction manager as an advisor.  All works required throughout the building will be divided into packages and the construction manager will give guidance on the best way to do this.  The developer then enters into each separate contract while the construction manager oversees the process.  As everything is done under separate contracts, pre-construction works can begin while design is still being finalised.  When the design is finished one single contract can be issued for the rest of the works.  The main advantage to this method is the degree of control the developer keeps over the design.  The main disadvantage though, is that there is no single point of contact on the construction side.  Errors, queries and suggestions must involve tracking down the relevant contractor.  This is difficult for the developer and very unattractive to any lenders.  Previously, construction managers were assumed to have relatively little liability, as they are have no direct, contractual link with sub-contractors.  However, after the high profile Great Eastern Hotels case, construction managers and developers may view the arrangement differently.

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