Civil Engineering Reference
In-Depth Information
allow such work, materials or goods to remain. In these circumstances, a deduction
is made from the Contract Sum under the provisions of clause 3.18.2. It should be
noted that this provision does not apply to work, materials or goods which are part of
the Contractor's Designed Portion and there is no equivalent clause to 3.18.2 in the
SBC/DB. Where, as a consequence of any such instruction being issued in terms of
clauses 3.18.1 or 3.18.2, instructions requiring a variation are necessary, the Archi-
tect may issue these but no addition is made to the Contract Sum as a result and no
extension of time is given under the provisions of clause 3.18.3.
Under clause 3.18.4, if work, materials or goods are not in accordance with the
contract and having due regard to the related Code of Practice in Schedule Part 4,
the Architect may also issue such instructions to open up for inspection or to test, as
arereasonabletoestablishtotheArchitect'sreasonablesatisfactionthelikelihoodor
extent of any further similar non-compliance. To the extent such instructions are rea-
sonable, whatever the results of the opening up, no addition shall be made to the Con-
tract Sum. However, the opening up may be a Relevant Event under clause 2.29.2.2,
entitling the Contractor to an extension of time under clause 2.28, unless the inspec-
tion or test shows that the work, materials or goods are not in accordance with the
contract (see clause 3.18.4).
Following practical completion, and if any defects, shrinkages or other faults in
the Works appear within the relevant Rectification Period due to materials, goods or
workmanship not being in accordance with the contract or any failure of the contrac-
tor to comply with his obligations in respect of the Contractor's Designed Portion,
these defects, shrinkages or other faults are, in terms of clause 2.38.1, to be specified
by the Architect in a schedule of defects which is to be delivered to the Contractor as
an instruction not later than 14 days later expiry of the Rectification Period.
he Architect may also, in terms of clause 2.38.2, whenever he considers it nec-
essary, issue instructions requiring any defects, shrinkages or other faults to be made
good. No such instruction can be issued after delivery of the schedule of defects under
clause 2.38.1 or more than 14 days after the expiry of the relevant Rectification Period.
The Contractor has an obligation, under clause 2.38, and unless the architect oth-
erwise instructs, to make good within a reasonable time after receipt of the schedule
of defects the defects, shrinkages or other faults listed in the schedule prepared by the
Architect.
heContractorisobliged,unlesstheArchitectotherwiseinstructs,tocomplywith
such instructions in terms of clause 2.38. Where the Contractor makes good defects,
shrinkages or other faults, this is at no cost to the Employer. Where the Architect
instructs the Contractor not to make good, an appropriate deduction is made from
the Contract Sum in respect of defects, shrinkages or other faults not made good.
5.4.3 The SBC/DB provisions
Similar provisions to those contained in clause 2.38 of the SBC are contained in
clause 2.35 of the SBC/DB, and in the latter case the duties of the Architect are
undertaken by the Employer or, in practice, the Employer's Agent.
