When it comes to building disputes, design and construct (D&C) contract disputes are a real conundrum. They are protracted, difficult to disentangle and fraught with unintended consequences.

The D&C animal is a confusing and opaque beast and within the building industry has a tendency to mutate as rarely is one D&C contracting iteration similar to another. What is D&C? In its purest form, it is a contract where a contractor undertakes to design and construct a building….