Almacantar v McAlpine: unclear pre-nup leads to messy divorce

摘要

Design and build (D&B) still seems to be the method of choice for commercial projects, and pre-construction services agreements (PCSAs) are increasingly popular. There are advantages to such a two stage D&B. Developers can save time and fees working with the contractor, tapping into its supply chain, in-house and external designers, design management and programming expertise. The relationship, when it works, adds value, akin to a JV or partnering arrangement.