Answer

There is no one distinctly definitive element as they are both specialist subcontractors. I trust that you have a copy of the Principal Building Agreement available. Compare the following clauses:

20.0 Nominated 21.0 Selected

20.1.1 No consultation with contractor 21.1.1 Consultation with contractor

20.1.2 Appointment as per 20.1.1 21.1.2 Appointment as per 21.1.1

20.7 Termination decision by PA 21.7 Termination decision by contractor

20.9 N default - Contractor compensated 21.9 Employer default - contractor compensated

Open to all tenderers Limited to selected tenderers

Open tender - preferred by State Limited tender - avoided by State

Employer’s risk increased Contractor’s risk increased