Project Management

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Responsibility of the Design team and Client at Project stages

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Anonymous

I would like to share a discussion with you.

On the basis of the contract between the Design company and Client, the detail project was executed, the project was agreed with necessary government agencies, and a set of project-estimate documents was handed over by the Design company to Client.

The completion of the construction of the project is delayed due to the delay in the delivery of some of the equipment in the project. However, there is a need to start the system in production. The Client tries to make the system work temporarily by making some changes in the project. Note that the change in the project is temporary. After the equipment in the project was received, the temporary changes will be replaced with the equipment which are  in the main project and the construction of the facility will be completed according to the designer's project.

At this stage (after the Design company has finished its mission, that is, after it has fully handed over the detail design documents of the project to the Client according to the contract):

1. Is the Design company responsible or liable for the Temporary changes made by the Client in the construction of the project?
2. Is the MOC document prepared at this stage?
3. If a MOC document is prepared, should the Design company has a signature on this document?
4. If the contract between the Design company and the Client is only for the detail design documentations , is the Design company's signature on this Temporary change document considered valid?
5. Or should the Temporary change to the project be performed on the basis of the contract signed between the Design company and the Client?
6. Or does the Client have fully authority to make changes in the construction of the project (without the Design company 's signature)?

It would help me a lot to know your opinion.
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Laura Lazzerini
Community Champion
Head of International Project Management Office| Deutsche Telekom Praha, Czechia
In my opinion the Design Company may be responsible or liable for the Temporary changes that are caused by a non feasibility of the Design in practice, in the sense that what was designed could not be implemented. If the cause is a lack of material, I would assume it is more on the party who is now in charge (customer). The company could be involved in the MOC signature in case that there would be changes in the Design.
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Candice Shubbie Consultant| PROJECT40 Consulting Ontario, Ca, United States
I would say that the point in which the “Client tries to make the system work temporarily by making some changes in the project” is when the MOC should be prepared. However, you also mentioned that the Design company has “finished its mission” according to the contract.

Your first question regarding responsibility and liability depends on what the Design company’s agreed upon role was in the project charter. It seems as if the Design Co., as a vendor, completed their duties, but somehow ended up on the project team signing off on temporary change docs? The questions of validity and responsibility depends on what was in the original contract and charter. Which takes me to your last question. Given what has been stated, I’d say that the Client does have full authority to make any changes without the Design company, who was essentially a vendor who completed their job, not an integral part of the project team with change management involvement.
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Chitranshu MANDHAR France
Hello,
Once the project is handed over completely, it means the client has accepted the solution as proposed by the design company without any objections. I would say the client is fully responsible for the temporary change. Again, it depends on what is signed between two parties.
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Booma Pugazhenthi Program Manager| United Nations
Based on typical project management practices, the Design company is likely not responsible for temporary changes made by the Client after project handover, unless specifically stipulated in the contract. A Management of Change (MOC) document should be prepared by the Client for these temporary modifications, but the Design company's signature would not typically be required if their contract was limited to detailed design documentation. The Client generally has the authority to make such temporary changes to their own project post-handover, but they assume responsibility for any consequences of these modifications.

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