Civil Engineering Reference
In-Depth Information
out in accordance with a document marked 'C'. It is worth noting that if the Architect
does not respond within the 14-day period, the document is regarded as marked 'A'.
The Employer has no liability to pay for any work within the Contractor's Designed
Portion Works executed otherwise than in accordance with Contractor's Design Doc-
uments marked 'A' or 'B'. In cases of disagreement by the Contractor with the Archi-
tect's comments, the Schedule sets out a procedure for the contractor to challenge
them, in which case the Architect is required to reconsider and either conirm or with-
draw the comment. All of this is subject to the overriding obligation of the Contractor
toensurethattheContractor'sDesignDocumentsandtheContractor'sDesignedPor-
tion Works are in accordance with the contract.
In relation to levels required for the execution of the Works, the Architect is, in
terms of clause 2.10, to provide these in the form of accurately dimensioned drawings
containing the information required to allow the Contractor to set out the Works. his
does not apply to Contractor's Designed Portion Works. he Contractor is responsible
under clause 2.10 for amending any errors arising from his own inaccurate setting out
at no cost to the Employer, unless the Architect instructs that such errors are not to
be amended, in which case a deduction is made from the Contract Sum.
The Architect has obligations in terms of clause 2.12.1 to provide further drawings
or details as are reasonably necessary to explain and amplify the Contract Drawings.
These are, under clause 2.12.2, to be provided at the time it is reasonably necessary for
the Contractor to receive them having regard to the progress of the Works. The Con-
tractor'sobligationinrelationtothisis,intermsofclause2.12.3,wheretheContractor
has reason to believe the Architect is not aware of the time by which the Contractor
needs the information, to advise the Architect sufficiently in advance to allow him to
comply with his clause 2.12 obligations. In this way, while the primary obligation is on
the Architect, there is still a secondary obligation on the Contractor who, therefore,
cannot simply sit back and wait for information to arrive but must proactively seek it.
This is consistent with the obligation in clause 2.28.6.1 to constantly use best endeav-
ourstopreventdelayintheprogressoftheWorksoranySection,howevercaused,
and to prevent the completion of the Works or any Section being delayed or further
delayed beyond the relevant Completion Date.
Related to the design obligations, there are provisions in section 7 of the SBC
requiring the Contractor to provide Collateral Warranties or for Third Party Rights
topurchaser,tenantsandfundersaswellastoobtainsub-contractorwarranties(see
Chapter 13).
The Contractor has further obligations in relation to access to the site. In terms of
clause 3.1, the Architect is to have access at all reasonable times to the Works but also
to any workshop or other premises of the Contractor where work is being prepared for
the contract. If work is being prepared in workshops or premises of a sub-contractor,
then the Contractor is to include a provision in the sub-contract to secure a simi-
lar right of access to the sub-contractor's premises and is to do 'all things reasonably
necessary' to make that right effective. Such rights of access are subject to reasonable
restrictions which are necessary to protect proprietary rights in the property.
In terms of the Contractor's representatives on site, the Contractor's obliga-
tion is, under clause 3.2, to ensure that at all times he has on site a competent
person-in-charge. Any instructions or directions issued to that person are deemed to
be issued to the Contractor. The Employer can also appoint representatives who can
