Civil Engineering Reference
In-Depth Information
to the Employer as an architect or other appropriate professional designer who held
himself out as competent to take on work for such design.
The Contractor's liability for loss of use, loss of profit or other consequential loss
arising from the liability under clause 2.19.1 is, under clause 2.19.2, limited to the
amount, if any, stated in the Contract Particulars.
5.3.4 Design responsibilities under the SBC/DB
SimilarprovisionstothosereferredtoinSection5.3.3applytoSBC/DB.hefollowing
features should, however, be noted:
•
There is no equivalent to clause 2.3.3 of the SBC which relates to approval of the
qualityofmaterialsorgoodsorofstandardsofworkmanshipbytheArchitect.
•
Clause 2.11 of the SBC/DB replicates clause 2.13.2 of the SBC, i.e. the Contractor
shall not be responsible for the contents of the Employer's Requirements or for
verifying the adequacy of any design contained within them.
•
Clause 2.12 of the SBC/DB provides that if any inadequacy is found in any design in
the Employer's Requirements, then to the extent that such inadequacy is not dealt
withintheContractor'sProposals,theEmployer'sRequirementsshallbe corrected,
altered or modified accordingly and (subject to clause 2.15 in relation to Statutory
Requirements), this shall be treated as a Change.
If the Contractor becomes aware of any such inadequacy or any other discrepancy or
divergence in or between the Employer's Requirements, the Contractor's Proposals,
any instruction by the Employer, or any of the Contractor's Design Documents issued
under clause 2.8, the Contractor shall issue a notice to the Employer who shall then
issue instructions.
Clause 2.14.1 provides that where the discrepancy or divergence to be notified by
the Contractor is within the Contractor's Proposals, the Contractor shall inform the
Employer of their proposed amendment to remove the discrepancy and the Employer
shall decide between the discrepant items or may accept the Contractor's proposed
amendment, in either case without cost to the Employer.
Where the discrepancy is within the Employer's Requirements, the Contractor's
Proposals shall prevail without any adjustment to the Contract Sum.
Where the Contractor's Proposals do not deal with such a discrepancy, the Con-
tractor shall inform the Employer of his proposed amendment; and the Employer's
decision, either agreeing the amendment or otherwise determining how the discrep-
ancy is to be dealt with, shall be treated as a Change.
Clause 2.15.1 provides that where there is a divergence between the Employer's
Requirements or the Contractor's Proposals and a Statutory Requirement, then the
Contractor shall immediately give notice specifying the divergence and propose,
for the Employer's agreement, an amendment for removing it. The Contractor is
then to complete the design and construction of the works in accordance with that
amendment at his own cost. he exceptions are (1) where the Statutory Requirements
change after the Base Date; (2) an amendment to the Contractor's Proposals which
is necessary to comply with Development Control Requirements (i.e. statutory
