Civil Engineering Reference
In-Depth Information
It is quite common for the contractor to request the architect to check the setting out, and it
isusuallyprudentforthearchitecttodoso.SBCclause2.10providesthatthearchitectmust
determine any levels required for the execution of the Works and must supply accurately di-
mensioned drawings so that the contractor can set out the Works. The contractor is respons-
ible for correcting errors in its own setting out at no cost to the employer, but that is little
consolation to an employer who is facing legal proceedings for trespass from a neighbour
for a building which is almost finished and encroaches on neighbouring land, particularly if
the contractor chooses that moment to go into liquidation.
There is nothing in the contract which places a duty on the architect to check setting out,
and the architect owes no duty to the contractor to do so. However, the architect certainly
owes a duty to the client to inspect the Works. Although that duty does not extend to check-
ing every last detail of the Works, the architect must inspect all the important aspects of the
buildingwork.Whatcouldbemoreimportantthanthesettingoutofthebuildingonthesite?
It is dangerous for the architect to confirm to the contractor that the setting out is accurate
because it tends to relieve the contractor of responsibility for errors which it would other-
wise have under the contract. Nevertheless, a visit to the site to check the setting out should
be a priority, and the architect should not wait for the contractor's request. Contractors often
writetothearchitect,askingforconfirmationthatitssettingoutwasfoundtobeaccurate.A
wise architect will immediately respond, making quite clear that no approval is given to the
setting out and reminding the contractor of its responsibilities under the contract.
