Design overview includes:
• Design Process
• Design Planning
• Understanding Design Briefs, Proposals and Contract

Design Process:
Design is an iterative, cyclical, non-linear process. It is a decision making series of ‘feedback loops’ of creative inquiry that refine each successive ‘iteration’ with a goal of reaching a design solution.

The concept of design management relates to certain management activities, methods and skills that are required to optimize and manage design processes. This is dictated by the highly complex nature of the design process.

K. Best (2010)

Design is a creative process that occurs in many settings. Different creative sectors have their own distinct design processes and methodologies appropriate to their disciplines, their specific objectives and desired outcomes.  Many a times the design process itself has to be designed. However, in general it is possible to outline some aspects that are common to the creative industries. The steps outlined below offer a structured format for a formal design process based on models from industry (Adapted from Garrett, J. (1991). Design and Technology) [4].

1. Analyze the situation:
Before beginning the design, sort out what problem you are trying to address.

2. Write a brief:
Write a short statement giving the general outline of the problem to be solved.

3. Research the problem:
Sometimes a problem can be solved "straight out of your head," but in most cases you will need to gain some new information and knowledge.

4. Write a specification:
This detailed description of the problem spells out what the design must achieve and what limitations will affect the final solution.

5. Work out possible solutions:
Combine your ideas with information obtained from your research to suggest several possible design solutions. Sketch several possibilities on a paper.

6. Select a preferred solution:
Decide which solution to develop. Although the chosen solution should, ideally, be the one that best satisfies the specifications, other constraints such as time, cost, or skills may limit     the decision.

7. Prepare working drawings and plan ahead:
Draw the chosen design including all the details that are important to its construction

8. Construct a prototype:
Make the product. In industry a model is usually built first and the final product is developed from it, but in most classrooms, the model is the final product.

9. Test and evaluate the design:
Testing is ongoing as the construction progresses, but a final test of the entire system or model proves if the project does the job for which it is designed. Look back at the specifications and check the requirements carefully. Ask such questions as: How well does the design function? Does the design look good? Is the product safe to use? Were suitable materials used? How could I have improved on my design?

10. Write a report:
The report provides evidence of your work in analysis, planning, designing, carrying out the practical work, evaluating, and communicating.

Csikszentmilyi (1996) [5] outlines the following 5 stages:

• Preparation: Immersion in a set of problematic issues that are interesting and arouse curiosity.
•  Incubation: Ideas are churned around, below the level of consciousness, and
unusual connections are made.
• Insight: Pieces of puzzle begin to fall into place.
• Evaluation: Deciding which insight is most valuable and worth pursuing.
• Elaboration: Turning the insight into something real.

Download pdf:

7 Design Process Steps Designers Should Follow
(Image source) accessed on 20-10-2012

Design Planning:
Delivering design projects requires a plan of action through ‘design planning’ which involves identifying how a project will be managed and delivered and what actions will need to be taken, by whom and when.

Project planning processes typically fall into seven areas of activity (Young, 1997) [6]:
 
1. Review the project definition
2. Derive the project logic
3. Prepare the initial schedule
4. Resource and cost analysis
5. Optimise and meet customer needs
6. Validation and plan approval
7. Launch the project

It's all too easy to lose sight of the original purpose of any design project unless it is properly established, quantified, agreed and recorded. The following steps can be useful [7].

1. Specific - A clear written description of what is intended or required, the outcome needed - the basic aim of the exercise.
2. Measurable - Quantify every aspect that is fixed, especially budgets, scale of application.
3. Agreed - With all stakeholders and interested/affected parties.
4. Realistic - Even highly conceptual projects need to have a realistic intention or the project is inherently flawed.
5. Time-bound - Proper start and finish timescales, ideally with milestones (check-points) and measures along the way.
6. Ethical - If you build ethics in from the start you provide a valuable reference point to maintain integrity.
7. Recorded - Write everything down; it's essential for clarification, agreement, management and control.

Understanding Design Briefs, Proposals and Contract:

Clients Briefs:
The client and the entity that will deliver the project should agree the scope of works or a project brief that describes as fully as possible the aims, objectives, deliverables, key dates and budgets for the project.

The clients brief describes a particular organisational objective, initiative, project or task for which they would like to engage design expertise. The first step for the client is to establish the client brief and to ensure that design consultant understands what has to be done, by whom and when.

Does the client need advice in developing the brief further?
Has the client articulated the relationship between the client and their organisation, the brand and their audience, the business objectives and the proposed project in a way that the design consultant understands?

1. Refine:
A good design practice with try to understand and questions assumptions underlying a client’s brief. The clients brief can be further refined by finding out what the client would like to achieve – organisationally, professionally and personally as this will form the basis for the design.

2. Discuss:
Discussing the brief will uncover hidden aspirations, expectations and limitations, as well as other potentially useful organisational objectives. Spending time with the client, making them feel comfortable with the design process and proceeding in a professional, prepared and informed manner will increase the likelihood of securing a formalised and successful working relationship in the future.

3. Re-instate:
Reinstating client’s brief in writing to clarify specific aims, objectives, goals, deliverables, deadlines, budgets available and ensure that both the clients and consultant can reach a common understanding of the requirements.

Download pdf:

Design Proposals:
The design consultant possesses the knowledge and expertise of the most suitable design processes, practice and outputs needed to achieve the objectives as set out in the client’s brief. The design consultant reviews and responds to the client’s brief with a design proposal which outlines the plan for what services the design consultancy will provide to the client to fulfil their business objectives. It is important to ensure that the ‘scope of works’ is accurately described in the proposal in a way that encourages the client to want to commit to working with the design consultancy to achieve the best possible solution.

Design Contract:
Once the proposal for the scope of works and the working process has been agreed upon the contract for the engagement of design services can be drawn up. It is important to clarify any legal agreements such design copyrights, intellectual property rights, non-compete and non-disclosure agreements etc. once the terms of working relationship are agreed upon by the involved parties and the design contract has been signed off, the work can begin.

Confirmation of schedule and fees should also be signed off at this stage. Detail work schedule should be worked out allowing appropriate time for each design development stage. Design fees differ depending on the size and extent of tasks and it is always wise to frankly discuss itemised budget, payment method and completion dates with the client(s).

Breakdown of Design Charges can be as follows [8]:
1. Consultation charges: remunerations for professional advice to businesses and advisory fees.
2. Planning charges: Fees for creative work such as ideas and planning the design objectives.
3. Production charges: fees for production work of the drawings, prototypes, modelling etc.
4. Royalties: Fees for the use or purchase of creative work.
5. Design management charges: Fees for management of design.
6. Fees for documents, etc: Costs incurred for the purchase or royalties of various data, pictures, illustrations, etc to be used in designing work.
7. Portal to portal charges: charges paid in compensation for designers not being able to work for other businesses in the same industry or for keeping the design office and staff on standby while a large scale project is put on hold.
8. Other expenses: travel expenses, costs of outsourcing of model production, etc. Prior confirmation through quotation is needed.

The types of contracts on design charges may be lump-sum payment, instalments, stage payments, yearly contracts, royalties.

Since contracts are documents that make business agreements official and binding, ensuring both parties' safety in entering such an agreement. Contracts are invaluable tools that help both you and the contractor understand the terms of your agreement and your individual obligations. So before you enter into a business agreement, learn how to write an effective, legally binding contract.

Guidelines for writing a contract [9]:
• Information:
The client shall provide all the necessary information such as the development policy, product/service characteristics, market and technological information, etc to the design consultancy in order to execute the commissioned work.

• Output:
Agreement must be reached on the quality, quantity and medium of output. In case of re-submission, selection criteria and compensation for schedule changes and additional requirements should be agreed in advance.

• Design Management:
Design management plays a vital role in ensuring the quality of design. Agree in advance on site checks, its frequency and duration.

• Contract Period:
Contract completion times are generally expressed in weeks, with a completion date being calculated on the basis of that number of weeks after the date the contract is awarded.

The time required to complete a contract depends on many factors, including: the skills and management systems; establishment/disestablishment times required, including preparing management plans and asset management information; industrial issues; the complexity of the work; the geographical location of the site; the state of the market (which affects the availability of resources); the standard of documents and information provided by the clients, etc. Projects that involve unique designs, critical timeframes or unusual problems should be analysed by appropriate experts to identify reasonable contract periods. Expert analysis can ensure the contract periods set are achievable and not likely to result in undue cost premiums. Any changes in the contract period after signing should be documented in writing.

• Design Charges:
The breakdown of the design charges should be worked out carefully along with the type and method of payment.

• Changes in Work:
The commissioned work may be stopped or altered due to unforeseen reasons. Prior agreement should be achieved on compensation payments and handling of Intellectual Property Rights.

• Intellectual Property Rights:
Intellectual property (IP) refers to creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce. IP is divided into two categories:  Industrial property, which includes inventions (patents), trademarks, industrial designs, and geographic indications of source; and Copyright, which includes literary and artistic works such as novels, poems and plays, films, musical works, artistic works such as drawings, paintings, photographs and sculptures, and architectural designs.  Rights related to copyright include those of performing artists in their performances, producers of phonograms in their recordings, and those of broadcasters in their radio and television programs.  Use written agreements to make sure you own the rights to creative work.

• Making the Work Public:
The owner of a copyright has a number of rights to control how the work may be used, including the exclusive right to copy and distribute the work. If a designer retained the copyright to work the client’s right to use that work could be severely limited -- even though the client paid for it. A written agreement avoids this problem. For certain types of creative works (called "works for hire"), client will own the copyright as long as the client and the designer execute a written work-for-hire agreement. For other types of creative works, the client will have to use an assignment: a written agreement in which the designer transfers some or all of the copyright rights in the work to the client. With a transfer of copyrights, consent is considered to have been given to the client for making the work public. The design office shall not announce the product before it is made public. Even then consent is required for the announcement.

• Confidentiality Obligation:
Confidentiality agreements, also referred to as non-disclosure agreements, are agreements that are used when the owner of confidential information wishes to disclose that information to another party (either an individual or a company) usually in the course of business negotiations, and wishes the information to remain confidential.

• Product/Service Liability:
Product liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause [http://en.wikipedia.org/wiki/Product_liability].

• Contract Cancellation charges:
Changes, cessation, cancellation of the commissioned work may arise from management reasons, non fulfilment of duties by either parties, natural disasters and so on. In such cases compensation for damages can be claimed. An early termination fee is a charge levied when a party wants to break the term of an agreement or long-term contract. They are stipulated in the contract or agreement itself, and provide an incentive for the party subject to them to abide by the agreement.

• Nullification of Prior Agreement:
To nullify a contract is to void, or terminate, it. Upon termination, neither party must perform the duties or services previously agreed upon. By taking the appropriate action and nullifying for the correct reasons, you and the other party, or parties that made the contract are released from legal ramifications. Create a termination agreement that ends the contract for the appropriate reasons and according to the laws of the state in which you made the contract [http://www.ehow.com/how_12157719_legally-nullify-contract.html].

• Matters not covered:
Questions arising from within / outside the contract must be dealt with by both the parties with sincerity and goodwill.

• Jurisdictional Court of Law:
When necessary, public arbitration, mediation and court of law are available. It is possible to nominate in advance a particular court for the first instance.

Creative Brief:
Once the design contract is signed off the creative director in the design consultancy prepares a creative brief that translates the design brief and design proposal into an internal working document for the use by the design team. It is phrased in such a way that the opportunities presented in the clients brief and the design challenges involved are clearly understood, provides enough material to ignite creative thinking among the team members.
 

Download pdf:

Developed from The Ultimate Design Brief by Crowley, S.
(Image source) accessed on October 27th 2011

References:

[4] Adopted from Garrett, J. (1991). Design and Technology. Cambridge University Press. http://www.sedl.org/scimath/compass/v02n03/stages.html

[5] Csikszentmihalyi, M. (1996). Creativity: Flow and the Psychology of Discovery and Invention, Harpercollins.

[6] Young, (1997) in Best, K. (2010). The Fundamentals Of Design Management, AVA Publishing, SA.

[7] http://www.businessballs.com/productdesign.html

[8] IDBG International Design Business Guideline Part-1, (1993-94) Japan Design Foundationpp - 28-29.

[9] ibid