Novation of Consultants

Novation of Consultants

Description

For projects procured via a design and build route, the Client's Design Team must be novated to the Main Contractor upon appointment. This ensures the Main Contractor can work with the existing Design Team to deliver the project, assume design risk, and provide the Client with a single point of responsibility. Novation can occur at various RIBA stages depending on whether a single stage or two stage procurement route is adopted.

An example list of consultants you would typically novate under a D&B project:

• Architect/Lead Designer
• MEP Engineer
• Structural/Civil Engineer
• Facade Engineer
• Verticial Transport Designer
• Fire Engineer

The following contracts contain provision for novation:

• JCT
• NEC
• Bespoke Imperial Consultancy Agreement

Engagement

• Project Team to facilitate the novation process
• Director of Department to support/approve the novation process
• Category Manager (Abad Zalal - a.zalal@imperial.ac.uk) to review and approve all novation documents and execute novation documents
• Head of Procurement to execute novation documents

Forms & Links

Note: The information found in the links below is commercially sensitive, if you are unable to access the links above, please contact the Category Manager. 

• (Process) Non-HRB Building Suite of Contracts: 1. Non-HRB Versions
• (Process) HRB Building Suite of Contracts: 2. HRB Versions
• (Process) Imperial Purchase Order T&Cs: 3. Imperial PO T&Cs
• (Process) Ancillary Documents: 5. Ancillary Docs
• (Guidance) Procurement Process Flowchart: Procurement Process Map - Separated in Tabs

Approvals & Compliance Review

• Category Manager to approve novation documents. All novation documents to be issued via Docu-Sign.
• All novation documents are executed by the Category Manager and Head of Procurement.

Repeated Subsequent RIBA Stages

A typical scenario for a Single Stage Tender:

1. Procure and execute contract with Design Team at RIBA 1 or 2
2. Procure and execute main contract with the Main Contractor during RIBA 4
3. Novate Design Team to Main Contractor under a "Form of Novation"
4. Execute a "Post Novation Warranty"
5. Novation process complete

A typical scenario for a Two Stage Tender: 

1. Procure and execute contract with Design Team at RIBA 1 or 2
2. Procure and execture a PCSA/PSCS contract with the Main Contractor during RIBA 2 or 3 (dependent on procurement route)

1st Option

• Under the PSCA/PSC, novate the Design Team to Main Contractor under a "Form of Novation"
• Execute a "Post Novation Warranty"
• Novation process complete

OR

2nd Option

• Progress the PCSA/PSC with Main Contractor to 2nd Stage process/main contract
• Retain Design Team but enable them to work with Main Contractor during PCSA phase
• Negotiate and execute the main contract with the Main Contractor at RIBA 4
• Novate Design Team to Main Contractor under a "Form of Novation"
• Execute a "Post Novation Warranty"
• Novation process complete