Civil Engineering Reference
In-Depth Information
There does seem to be a theme throughout these cases of practical completion requir-
ing a stage of completeness with an absence of anything other than minor patent
defects.
The issue of the Practical Completion Certificate triggers the release of the first half
of the retention fund under clauses 4.20.2 and 4.20.3.
The Employer may take possession of the works once practical completion has
been achieved. This does not put an end to the Contractors' obligations. They remain
responsible for remedying any defects, shrinkages or other faults which may appear
during the Rectification Period and which are due to materials or workmanship not
in accordance with the contract or any failure of the Contractor to comply with his
obligations in respect of the Contractor's Designed Portion, see clause 2.38. This is
more fully dealt with in Section 5.3.
Once the defects, shrinkages and other faults as specified in the schedule of defects
have been made good, the Architect issues a Certificate of Making Good under
clause 2.39. This triggers the release of the second half of the retention fund under
clause 4.20.3.
The SBC also includes Supplemental Provisions in Schedule Part 8. These were
introduced for the first time in 2009. These apply unless the option in the Contract
Particulars not to apply them is selected. These include provisions related to:
•
Collaborative working - requiring the parties to work together and with other
project team members in a co-operative and collaborative manner, in good faith
andinaspiritoftrustandrespect.
•
Health and safety - requiring the parties to endeavour to establish and maintain
a culture and working environment in which health and safety are of paramount
concern. There are also provisions concerning compliance with codes of practice,
training of personnel, advice for personnel and consultation with personnel.
•
Cost savings and value improvements - the Contractor is encouraged to propose
changes to designs and specifications and/or the programme for the works which
may benefit the Employer in terms of reduced construction cost, reduced life-cycle
cost or earlier completion. Where the Employer wishes to make a change proposed,
the clause envisages a negotiation between the Contractor and Employer to agree
the value, financial benefit and any change to the Completion Date. The change,
amount of adjustment to the Contract Sum, the share of the financial benefit to be
paid to the Contractor and any adjustment to the Completion Date are confirmed
in an Architect's instruction. It will be important for the Contractor to ensure that
in doing so he does not take on design responsibility which he does not intend. In
relation to the value and financial benefit, the Contract is deliberately vague on how
these are to be ascertained. This may be particularly difficult to quantify where the
Contractor identifies changes which will benefit life cycle cost. he Contract leaves
ituptonegotiationbetweentheEmployerandContractortoagreeonthis.
•
Sustainable development and environmental considerations - the Contractor is
encouraged to suggest economically viable amendments to the works which could
result in an improvement in environmental performance either in the carrying out
of the worksor of thecompleted works. heContractor is to provide allinformation
