Civil Engineering Reference
In-Depth Information
requested by the Employer regarding the environmental impact of any supply and
useofmaterialsandgoodswhichtheContractorselects.
•
Performance indicators and monitoring - the Employer monitors and assesses the
Contractor's performance by reference to any performance indicators included in
the Contract Documents. The Contractor is obliged to provide the Employer with
all information reasonably required to assess the Contractor's performance against
the targets. If the Employer considers a target may not be met, the Employer may
inform the Contractor who is to submit proposals for improvement. This is most
likely to be of relevance in the context of a Framework arrangement but there is no
reason it cannot be applied in individual contracts.
•
Notiicationandnegotiationofdisputes - eachpartyistonotifytheotherpromptly
of any matter that appears likely to give rise to a dispute or diference. here is then
tobeameetingoftheseniorexecutivesnominatedintheContractParticulars,tobe
held as soon as practicable, for direct, good faith negotiations to resolve the matter.
heseSupplementalProvisionsarealso includedin theSBCCFrameworkAgreement.
heirpurposeistorelectwithinthecontracttheprinciplesadoptedbytheoiceof
Government Commerce's Achieving Excellence in Construction initiative.
5.2.3 The SBC Design and Build Contract (SBC/DB)
The SBC/DB is a stand-alone document and adopts the same format as the other SBC
2011 forms (though the clause numbering is not identical).
The SBC/DB generally follows the principles of the SBC where there is a Con-
tractor's Designed Portion, with the design requirements being set out in the
Employer's Requirements and the Contractor's Proposals. he Contractor's Proposals
are intended to constitute the Contractor's response to the Employer's design
requirements. As stated in the SBCC Guide to the SBC/DB:
Depending upon the procurement approach adopted, the level of detail within the
Employer's Requirements may vary between a performance orientated statement
of objectives and a detailed and prescriptive statement of what the Contractor is
to provide. Similarly, and responding to the degree of detail within the Employer's
Requirements, the Contractor's Proposals may contain the result of substantial
design development work or may simply be a reiteration of the Employer's
Requirements.
The breakdown of the lump sum contract price is contained in the Contract
Sum Analysis and this should be in sufficient detail to allow for monthly interim
valuations where Alternative B of the SBC/DB clause 4.7 has been selected. The
contract is administered on behalf of the Employer by the Employer's Agent rather
than by an architect or contract administrator. Broadly, the duties carried out by
the Architect/Contract Administrator under the other SBC forms are carried out
under the SBC/DB by the Employer and, in practice, these duties will be delegated
