Civil Engineering Reference
In-Depth Information
Clerks of works are sometimes heard to say that they have 'put a stop order' on the Works
or that they have 'stopped the job'. More commonly, they are heard to threaten these things.
A 'stop order' sounds suitably impressive and quite official. For contractors and architects,
who are not as familiar with building contracts as perhaps they should be, the threat can
sound intimidating and reassuring respectively; the contractor threatened and the architect
reassured that the clerk of works knows exactly what to do and is not afraid to do it. The
reason for the threat is not important. It may be because the contractor is not progressing
to the satisfaction of the clerk of works in rectifying defective work. The powers and duties
of the clerk of works are set out in SBC clause 3.4 and IC and ICD clause 3.3. All these
clauses state that the clerk of works is acting solely as inspector on behalf of the employer
and under the direction of the architect. SBC gives the clerk of works the additional power
to issue directions provided they are in relation to matters about which the architect is ex-
pressly empowered to issue instructions and provided that the architect confirms such direc-
tions in writing within two days - which rather blunts the power.
Any search through the provisions to find reference to the power of the clerk of works to
stoptheWorkswill beinvainforthesimple reason that aclerk ofworksdoesnothavesuch
power under any of the standard form building contracts. Indeed, the idea that the clerk of
works can issue an ultimatum and then stop the Works is ludicrous. The architect may post-
pone the whole or any part of the Works and, after suitable preliminary notice, the employer
may terminate the contractor's employment if the right criteria are satisfied, but the clerk of
works may only inspect and report to the architect. Contract administration is in the hands
ofoneperson;anythingelsewouldleadtochaos.Aclerkofworkswhothreatenstostopthe
Works clearly has little idea of what to do, and attempting to stop the Works would be an
actionseriouslyinexcessofhisorherpowers.AcontractorthatstoppedtheWorksonbeing
instructed to do so by the clerk of works would be in breach of contract and, if the stoppage
was prolonged, in danger of repudiating its obligations under the contract.
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Bath & North East Somerset District Council v Mowlem
(2004) 100 Con LR 1.
London County Council v Vitamins Ltd
[1955] 2 All ER 229.
New Islington and Hackney Housing Association Ltd v Pollard Thomas and Edwards Ltd
[2001] BLR 74.
Treasure & Son Ltd v Martin Dawes
[2007] EWHC 2420 (TCC).
