Civil Engineering Reference
In-Depth Information
how the discrepancy is to be dealt with and that agreement or decision is treated as a
Variation, see clause 2.16.2.
If the Contractor becomes aware of any divergence between the Statutory Require-
ments and the documents referred to in clause 2.15 then, under clause 2.17.1, it is
immediately to give notice to the Architect specifying the divergence and, where it
is between the Statutory Requirements and any of the Contractor's Designed Portion
documents, the Contractor is to inform the Architect of their proposed amendment
for removing it. Under clause 2.17.2, the Architect is then to issue instructions in that
regard within 7 days of becoming aware of such divergence or within 14 days of receipt
of the Contractor's proposed amendment, where applicable.
Clause 2.18.1 makes provision for emergency compliance with Statutory Require-
ments.If,inanyemergency,theContractorhashadtosupplymaterialsand/orexecute
work before receiving instructions, the Contractor is to supply such limited materials
and execute such limited work as is reasonably necessary to secure immediate com-
pliance with the Statutory Requirements. The Contractor is then obliged, in terms of
clause 2.18.2, to inform the Architect of the emergency and the steps taken under
clause 2.18.1.
Where there is any failure to comply with clause 2.1 in regard to the carrying out
of the work in a proper and workmanlike manner and/or in accordance with the
Construction Phase Plan, clause 3.19 provides that the Architect may issue whatever
instructionsarereasonablynecessaryasaresult.Ifthisisdone,theContractorreceives
no addition to the Contract Sum and no extension of time for complying with such
an instruction.
Where the Works include a Contractor's Designed Portion, the Contractor is
required, in terms of clause 2.2.1, to complete the design, including the selection
of any specifications for the kinds and standards of the materials, goods and
workmanship so far as these are not described or stated in the Employer's Require-
ments or Contractor's Proposals, in accordance with the Contract Drawings and
Contract Bills.
In terms of clause 2.2.2, the Contractor is to comply with the Architect's directions
for the integration of the design of the Contractor's Designed Portion with the design
of the Works as a whole. This obligation is subject to the provisions of clause 3.10.3,
which allows the Contractor, if in his opinion compliance with a direction under
clause 2.2.2 or any Architect's instruction would injuriously affect the efficacy of the
design of the Contractor's Designed Portion, to give notice to the Architect specifying
the injurious effect. In these circumstances, the direction or instruction shall not take
effect unless confirmed by the Architect.
The Contractor has an obligation, in complying with clause 2.2 and in terms of
clause 2.2.3, to comply with the CDM Regulations. Health and safety matters are
considered in Chapter 20.
The Contractor is not responsible for the content of the Employer's Requirements
or for verifying the adequacy of any design contained within them, see clause 2.13.2.
Where there is a Contractor's Designed Portion, clause 2.19.1 provides that, insofar
as its design is comprised in the Contractor's Proposals and in what the Contractor is
to complete in accordance with the Employer's Requirements and the contract Condi-
tions, the Contractor has, in respect of any inadequacy in the design, the same liability
