Civil Engineering Reference
In-Depth Information
the BRE Environmental Assessment Method) is a means of assessing the overall
environmental performance of new and existing buildings. In order to achieve one of
the ratings of Pass, Good, Very Good, and Excellent, a minimum number of points
must be achieved.
1.3.6 Project manager
Depending upon the size of the building contract and the method of procurement,
the employer may decide to engage a project manager. Although in the past a project
manager in the construction context tended to be found only in a construction man-
agement contract (see Section 1.4.1), the role is nowadays found in all types of con-
struction procurement and normally covers the management and coordination of the
tender process and the works, including advising on procurement strategy and risks,
coordinating the preparation of tender documents and assessment of tenders, pro-
ducing contract documents, programming and monitoring of progress. Ultimately,
however, the exact scope and extent of the duties will be determined by the terms of
the appointment. The role of the Project Manager acting as contract administrator is
recognized in NEC 3 and a project manager is often appointed by the employer to
undertake the role of employer's agent in SBC/DB. The extent of the project man-
ager's responsibilities to their client has been considered in a number of recent cases.
In
Sweett (UK) Limited
v
.MichaelWightHomesLimited
(2012), the employer's agent's
appointment imposed an express duty on it to 'prepare contract documentation and
arrange for such documents to be executed'. he contractor was contractually obliged
to provide a performance bond but went into liquidation after commencing work
without having done so. he court rejected the employer's contention that the consul-
tant was under an absolute obligation to arrange execution of the performance bond
by the contractor and held that their duty was limited to using reasonable care to
ensure it was provided. In the circumstances the consultant had fulfilled that duty.
In contrast, in
The Trustees of Ampleforth Abbey Trust
v.
Turner & Townsend Project
Management Limited
(2012),theprojectmanagerwasheldtohavebreachedtheirduty
to use reasonable care to ensure execution of the building contract by the contractor.
The project manager had instead issued a series of letters of intent and had failed to
warn the employer of the limited protection afforded by such letters as compared to a
formal contract. As a consequence of the absence of a formal contract, the employer
was unable to apply liquidated damages for delay against the contractor, and the court
held the project manager liable to the employer for that loss.
1.3.7 Clerk of works
A clerk of works is generally employed on site by either the employer or the archi-
tect to act as construction inspector, oversee the execution of the works, and monitor
compliance with the required contract standards. There is a professional body for
clerks of works known as the Institute of Clerk of Works and Construction Inspec-
torateofGreatBritainInc(ICWCI).Clause3.4ofSBCexpresslypermitstheEmployer
