OBC Designer Legal/Process study materials
OBC Designer Legal/Process study resources

OBC Designer Legal/Process: Designer and Constructor Duties

OBC Designer Legal/Process · Work through your exam, one topic at a time.

All guide sections

Designer and Constructor Duties

Designers and constructors carry independent duties that survive permit issuance and plan approval. Candidates must understand the designer's obligation to prepare plans and specifications that comply with the Code, to provide a declaration of qualification, and to ensure that changes are documented; and the constructor's obligation to build in accordance with the permit and the Code, to notify for inspections, and to keep the site safe and compliant. A common trap is the belief that following approved plans is a complete defence - if the approved plans are non-compliant, the designer and constructor may still be liable, and the CBO may enforce.

Another trap is role confusion: the designer is not the constructor's supervisor unless engaged to be, and the constructor is not entitled to vary the design without proper process. Where field conditions require a change, the change should be documented and, where it affects Code compliance or the permit, reflected in an amendment.

Candidates should be familiar with the standard of care: designers are held to the standard of a reasonably competent professional in the same field, and constructors to the standard of a reasonably competent builder. Questions often test whether a constructor may rely on a designer's instruction that is obviously non-compliant - generally no, and the constructor should raise the issue.

Rule of thumb: compliance is a shared but non-delegable duty; approval does not launder a defect.

Worked example: a builder installs a guard built exactly to approved drawings that are below the Code height. The builder is not automatically excused; the non-compliance should have been identified, and both designer and constructor may face enforcement.