Undoubtedly Employer’s Requirements not only establish an objective for the purposes of a construction contract. They are also required in order to establish competition among those who are interested to carry out the intended works. In this respect, the specifications establish criteria which enable the employer to single out the best or most competitive contractor. Though this need cannot be denied, it creates problems because quite often the need to establish clear and comparable criteria contradicts the desirability of involving contractors (bidders) early. Moreover, competition and procurement law have particular policies which affect the preparation of Employer’s Requirements in various ways. However, these issues are not discussed here, as they are beyond the scope of this article.

Notwithstanding any legal definition of a contract for works it is helpful to emphasise the characteristic elements of a design-build contract. It is an entire and reciprocal contract under which the contractor’s entitlement to payment may be either pre-determined (lump-sum) or at least determinable (measurement), even if not subject to a third party’s determination (engineer or judge). The entitlement to payment depends on the contractor’s performance. In practice, the parties to a construction (design-build) contract define a goal to be achieved without exactly knowing the