This ubiquitous subject has been raised many times over the decades, particularly in recent years, with Designers and Landscape contractors working ever closer together through joint Cluster Group meetings, where mutual dialogue has been open and frank regarding relationships between the two disciplines. The Society of Garden and Landscape Designers seek to provide a menu of documents and information sheets to include in a tender package, and supply sufficient detail to enable a contractor to produce a quotation based on that bundle. Once formulated, this menu will be included in a revised Heather Spec. document for use in design practices.
The obvious answer to the question “What does a landscaper require from a designer?” is “A fully detailed package of site surveys, specification, levels and falls, bills of quantity and graphics please, with technical drawings produced by Structural Engineers, Hydrological surveys and Planning permits, all bundled together and signed off by the client”.
However, such packages are rarely provided by a designer to a landscaper, for a wide range of reasons, and therefore the answer is not straightforward.
In the first place, a designer will only supply information they have been paid to produce by their customer. Therefore, the question “What does a landscaper require from a designer?” will all depend on the extent and nature of the client’s instruction to the designer.
If we take the average garden size at 150 square metres, (10m x 15m), either previously landscaped or a new build blank canvas, it is likely that it will be on terrain that requires a site survey, and probably, a hydrological survey, especially on clay soil or a sloping site with other properties on the higher ground potentially causing drainage issues. If the site is to be terraced, with retaining walls, a set of technical drawings with full specification supplied by a Structural Engineer will be required before a landscaper can begin their quotation.
Such specialist works should be carried out by independent, insured and accredited experts, commissioned and paid for by the customer to avoid any conflict or conflation of responsibilities and liabilities at a later stage.
CONCEPT DESIGNS
These documents will be required by the designer prior to starting work, on any project other than a Concept Only Design, and should be presented as part of the package supplied to a landscaper.
It is an important element of any design commission to establish the intention of the customer and their initial instructions from the outset. Concept drawings should not include levels, falls, or any other technical information, although they may require a Site Survey and Logistical Report to be completed prior to any concept design to meet with the client’s instructions. Even the simplest of concept drawings should be based on some form of evidential information, and not simply reduced to a pretty picture that may, or may not, be possible to construct on the ground.
Concept drawings should not require anything to be recorded under the Construction (Design Management) Regulations 2015, as they will not show any detailed information demanding Health & Safety factors or compliances. Having served their original purpose, they should not be included in the CDM File, except as an historical document without legal merit.
It necessarily follows that a concept drawing should not be presented to a landscaper as a meaningful document, requiring anything other than general interest or statement of future intention, subject to further instructions from the customer.
FULLY SPECIFIED DRAWING AND PLANS
Subject to the complexity of a project, a designer should produce a package comprising detailed plans and drawings, mood boards, and any other technical information obtained during the design process. These may include Planning permits, Topographical or Hydrological surveys, Structural Engineers report and technical/specification drawings and evaluations, Product Library (inc. Suppliers, batch numbers, codes, etc.) Site surveys and logistical reports, Scope of Works, and any other information related to the project.
If technical drawings or plans are tabled, they should not be qualified in any way, with statements such as ‘All dimensions to be checked on site’, ‘Subject to site surveys’, ‘Levels may be plus/minus 50mm’, or any other caveat that may render the documents unserviceable for tendering purposes.
In many cases, a Soil Analysis report may be required, especially on clay soil, where ground movement may be an issue, but also acidic/sandy soils (erosion and degradation of inground metal) and calcareous sites, subject to compaction and frost heave. In essence, information should be included regarding the type and nature of the ground to be landscaped.
A Bill of Quantities should also be provided, showing the methodology of assessment used when compiling the document, including bulking factors and likely compaction depths of imported and exported materials. If the project calls for a planting programme, a fully specified Planting Schedule should be included, showing the sizes and dimensions of the plant material to be supplied, along with Planting Plans and Layouts for use by the landscaper.
(Some designers prefer to undertake the planting element of a project. This should be clearly stated from the outset, and the item removed from any Scope of Works and noted in the CDM File)
Every garden design passes through various stages, each one subject to sunset clauses and a payment schedule structure agreed between the designer and customer. This information should not affect the landscape contractor, except when and if such agreements impinge on the smooth running of any landscape operations, including timely supply of information to the contractor, even at tender stage, and especially during works progress.
This detailed package is essential, especially if and when the customer seeks one or more quotation from different contractors, with everyone receiving the same amount of information to enable them quote like-for-like, with a level playing field. In such cases of multiple quotes, it is incumbent on the designer to ensure that fairness is maintained at all times. Any conversations between a contractor and designer should be shared between all interested Parties.
It is extremely important to avoid including specification and cross-sectional drawings that are generic, copied and pasted from the internet or other standard resource, and not specific to the site in question. Whilst such information may be adapted to suit the project, a tender package should not include a list of items that may be unsuitable in the circumstances, as this may devalue the tender package.
JOINT VENTURES
Some designers may prefer to invite a landscape contractor to work with them in producing a fully specified contract package, including levels and falls, products and technical drawings including cross sectional working drawings and written specification, especially if the designer is unable or unwilling to supply such information for any reason. Designer/contractor collaborations are quite commonplace, although in recent times, there have been costly dispute Court cases, whereby both the designer and contractor, having worked together to produce a specification that has failed for any reason, have been sued on a Joint & Several basis, whereby both Parties have been held liable, and costs awarded to be paid equally.
Such collaborations must be written into the CDM File, and liabilities shared under the Principal Designer and Principal Contractor section. There is nothing sinister or unusual about this arrangement, as long as the client is made aware, in writing, that the collaboration has been established and recorded.
Remember, a person who specifies product or produces working method statements, fixing and laying products and materials, dimensions, or matters such as slip ratings on paving, or who makes decisions regarding construction is also likely to be deemed a Designer in the event of a dispute or claim.
Both Parties will require current adequate insurance cover under an Indemnity Policy, which should be maintained until six years after retirement or change of employment, to cover any possible claim under the six-year period demanded by the Consumers Rights Act 2015.
If a designer and contractor work collaboratively in producing a specification (or part thereof) during the design process, and the customer then decides to instruct another landscape company, all information agreed and included in the Design Package will become the responsibility of the designer, who will take ownership of that joint specification. It does not matter whether or not the collaborating contractor was paid for their time, as they will be deemed to have had a financial interest in the project at the time of their involvement, in hope and expectation of winning the contract.
MULTIPLE QUOTATIONS
Many customers request more than one quotation, and it is important that the designer is involved in this process, acting as the link between the client and contractor. Having selected the invited contractors, each company should be provided with an equal opportunity to visit the site, and walk with the designer, working with the full tender package, ensuring that everyone has the same amount of information. During these walk-round sessions, various comments may be made to the designer, which will impact on the primary package, and may include different solutions to the proposals.
All of these suggestions, if deemed suitable and advantageous to the scheme or costs, should be summarised and inserted into the original contract package, and resubmitted to the panel of contractors as a revision, to be priced accordingly. This process should see every contractor issued with a fresh package, with updated and annotated documents as required.
This will ensure that everyone is quoting on a level playing field, and prevent anyone from presenting their own solutions as Variation Orders at a later date.
All of these stages should be agreed in writing, by the customer, and invoiced by the designer.
SUMMARY
As may be seen from the comments above, there is no simple answer to the question of ‘What should a landscaper require from a designer’, as there are so many variables. The first and foremost of which involves the amount of time a customer is prepared to invest in instructing a garden designer for the work required. Unless the designer has been commissioned to supply full specification, it will not be practical to expect to be fully informed as a contractor.
It is therefore extremely important that every project is seen as multi-faceted, ensuring that all documentation is clarified by relevant Terms & Conditions, especially in regard to the Rules of Engagement as a designer.
These should include contractual agreements, defining the nature of a commission, setting out matters such as Sunset Clauses, Definition of a Designer (which may include Specifier), Project Monitoring, Split Responsibilities, Non-Disclosure Agreements, Matters of Finance, and a host of other legally binding liabilities.
There are so many ‘Rules and Regulations’ that affect designers and contractors equally.
Perhaps the question should be reversed – ‘What can the contractor provide to a designer?’
Whilst working together for the good of a project should be tempered with a knowledge of the various responsibilities impose on the other, there is no single solution that will provide
Legal cover to both Parties.
Alan Sargent
Alan Sargent Consultancy Limited