Civil Engineering Reference
In-Depth Information
terms of clause 40.6, the Project Manager assesses the cost incurred by the Employer
in repeating a test or inspection after a defect has been found and the Contractor pays
the amount assessed.
he Contractor is, in terms of clause 72.1, to remove Equipment from the Site when
it is no longer needed unless the Project Manager allows it to be left in the works.
Equipment is defined in clause 11.2(7) as items provided by the Contractor and
used by him to Provide the Works and which the Works Information does not require
him to include in the works. This can be contrasted with the definition of Plant and
Materials in clause 11.2(12) which are items intended to be included in the works.
hisremovalof Equipment couldbeon Completion or couldbeduringtheprogress
of the works.
The provisions regarding take-over of the works by the Employer are in clause 35.
In the event that the Contractorinishes early, before the Completion Date, clause 35.1
provides that the Employer need not take over the works before the Completion Date
if it is stated in the Contract Data that he is not willing to do so. Otherwise, the
Employer takes over the works not later than two weeks later Completion.
Clause 35.2 contains the NEC3 equivalent to the SBC and the SBC/DB partial
possession provisions. It allows the Employer to use any part of the works before
Completion has been certified. If he does so, he takes over the part of the works when
hebeginstouseitexceptiftheuseisforareasonstatedintheWorksInformationor
to suit the Contractor's method of working.
Clause 35.3 provides that the Project Manager certifies the date upon which the
Employer takes over any part of the works and its extent within one week of the date.
In relation to take-over and partial possession under the NEC3, see also
Section 6.11.
Optional Clause X6 provides for the Contractor to be paid a bonus for early
completion.
Optional Clause X12 provides for partnering and contains detailed provisions as to
how that is to operate.
Optional Clause X20 provides for Key Performance Indicators, namely aspects of
performance by the Contractor for which a target is stated in the Incentive Schedule.
5.3 The quality of the work
5.3.1 Workmanship and design at common law
As far as workmanship is concerned, at common law, the contractor has an obligation
to execute the work in a good and workmanlike manner using the skill and care to
be expected of a builder of ordinary competence. This obligation subsists while the
works are being carried out; it does not arise only at completion, see
Surrey Heath
Borough Council
v.
Lovell Construction Ltd and Another
(1998).
The test of what constitutes such skill and care is the standard of the ordinary skilled
contractor exercising and professing to have that particular skill. It is not necessary
to possess the highest expert skill, but is sufficient to exercise the ordinary skill of
