Civil Engineering Reference
In-Depth Information
aspects of the work, except work which the Contract Data states the Contractor will
do himself.
Clearly the Works Information is crucial to defining the Contractor's obligation.
This is defined as being information which either specifies and describes the works
or states any constraints on how the Contractor Provides the Works, and is either in
the documents which the Contract Data states it is in or in an instruction given in
accordance with the contract.
It would usually be expected that the Works Information would be in the form of a
specification and drawings.
The NEC3 has obligations in relation to how parties are to work together.
Clause 10.1 provides for the Employer, Contractor, Project Manager and Supervisor
toactasstatedinthecontractandinthespiritofmutualtrustandco-operation.
Clause 25.1 provides that the Contractor co-operates with Others (i.e. people or
organizations who are not the Employer, Project Manager, Adjudicator, Contractor
or any employee, Sub-contractor or supplier of the Contractor) in obtaining and pro-
viding information which they need in connection with the works. The Contractor is
to share the working areas with Others as stated in the Works Information.
As the work proceeds, clause 27.3 requires the Contractor to obey any instruction
which is issued by the Project Manager or the Supervisor.
The instruction may be one which changes the Works Information. This will con-
stitute a compensation event in terms of clause 60.1, unless the instruction was to
instructachangetoacceptaDefectorachangetoWorksInformationprovidedbythe
Contractor for his design. Compensation events give rise to both time and cost relief
and are considered in more detail in Section 6.11.11. In relation to the procedure for
valuing compensation events, see also Section 8.2.5.
Where a compensation event arises from the Project Manager or Supervisor giv-
ing an instruction, issuing a certificate, changing an earlier decision or correcting an
assumption, clause 61.1 provides that the Project Manager is to notify the Contractor
of the compensation event at the time of the communication. He also instructs the
Contractor to submit quotations unless the event arises from a fault of the Contractor
or quotations have already been submitted. Clause 61.1 also requires the Contractor
to put the instruction or changed decision into effect.
The Project Manager may, in terms of clause 61.2, instruct the Contractor to
submit quotations for a proposed instruction. The Contractor does not put any
proposed instruction into effect. This allows the Project Manager to check on the
effect of any proposed instruction before taking a decision on whether or not to
implement it.
In terms of clause 61.3, the Contractor is required to notify the Project Manager
of any event which has happened or which he expects to happen as a compensa-
tion event if the Contractor believes that the event is a compensation event and the
Project Manager has not notified the event to the Contractor. This clause contains
an important time limit in that the Contractor is required to make the notification
within eight weeks of becoming aware of the event. If the Contractor fails to do so, he
isnotentitledtoachangeinthePrices,theCompletionDateoraKeyDateunlessthe
event arises from the Project Manager or Supervisor giving an instruction, issuing a
certificate, changing an earlier decision or correcting an assumption. This represents
