Civil Engineering Reference
In-Depth Information
restrictions to those possible under JCT 98 clause 13.1.2. Where the con-
tractor is to carry out some of the design, he will provide that part of the
works information. The project manager may issue instructions to change
the works information under clause 14.3. A change for any reason except:
. if it is made under clause 44.2 which is merely accepting a defect to avoid
correcting it; or
. if it is made to the works information provided by the contractor at
his request or in order to make it comply with the employer's works
information
will fall under this ground. The reasons for the exceptions are so that the
contractor benefits neither from his own defects, nor from his failure to
make his design suit the employer's works information, nor from his deci-
sion to change his design later.
The employer's failure to give possession by whichever is the later of the
possession date and the date in the accepted programme: clause 60.1(2)
The accepted programme is the programme identified in the contract data
unless the project manager has accepted a later programme. At any time, the
accepted programme is the latest programme accepted by the project man-
ager. The programme is dealt with in clause 31 and revisions to the pro-
gramme under clause 32. This is a perfectly straightforward provision. The
possession date is to be inserted by the employer into the contract data.
There is provision for possession to be given in parts. In normal circum-
stances, that is the date on which the contractor must have possession of the
site or the part indicated and the contract data would also show that a
programme had been produced which reflected that date. However, if the
contractor prepares a programme, accepted by the project manager, which
indicates a later date for possession, it is the later date which applies. Every
time the contractor produces another programme with an adjusted date
which is accepted by the project manager, the adjusted date applies. It is
clear from clause 31.2 that the contractor cannot submit a programme
showing a date earlier than the date in the contract data.
The extent of the contractor's possession is not exclusive possession as
under JCT contracts. That is clear from clause 25.1 which states that he
'shares' (presumably meaning that he
must
share) the working areas with
others. Curiously, clause 33.2 refers to the employer giving the contractor
'access to and use of' the site while the contractor has possession of it. In the
ordinary meaning of possession, the contractor would certainly have access,
use and control of the site in order to enable him to carry out the contract
works. The employer's obligation to give possession of the site is governed
by clause 33.1
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. Failure to give possession on the due date is a serious
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For a full consideration of the position regarding possession of the site by the contractor, see
Chapter 4, section 4.6.
