JCT Design and Build Subcontract (DBSub/A) Clause 2.17 (The Design Liability Trap)

Plain English Translation

Earning your MCS credentials and securing commercial solar contracts is a massive win, but signing a standard JCT Subcontract without checking the fine print is dangerous. Main contractors love using Clause 2.17 to pass the entire burden of design accuracy straight down the supply chain to you. It’s not just about bolting panels down safely; you’re legally taking on absolute ownership of the engineering calculations, structural roof loads, and long-term electrical yield compliance. You’re legally guaranteeing:

The structural engineering calculations of the roof load.

The electrical system architecture and grid connection compliance.

The actual energy output performance of the entire solar array over time.

The Financial Risk to Your Trading Capital

If you don’t spot this clause before you sign, you’re flying blind. If a main contractor launches a professional indemnity claim because the array underperforms or causes structural issues, they’ll instantly freeze your variation payments and lock up your retention cash. A single unamended clause can completely wipe out your entire profit margin on a project and put your trading capital at risk.

 Protect Your Retention Capital Before You Sign

You shouldn’t have to risk your business on hidden legal jargon or unamended contract terms. If a main contractor is forcing a JCT agreement onto your desk, you need to know exactly what you’re signing up for before it’s too late.

Head straight over to the JCT Subcontract Analysis Tool at Trade Contracts Simplified and paste your contract clauses into my scanner. It’ll instantly highlight your design liability exposure, flag hidden traps, and ensure your cash flow stays protected.


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