Geology Reference
In-Depth Information
select the right methods for construction, and to price and to pro-
gramme his works adequately. Contractually, the reference conditions
should be just that
something to refer to when considering whether
some adverse ground was anticipated or anticipatable by an experi-
enced contractor, given the available information. The contractor will
have been expected to consider the site in a professional manner, which
would include examining any relevant rock exposures, say in quarries
adjacent to the route. Many contracts require the contractor to satisfy
himself of the ground conditions at a site or along the route, but it is
rarely practical for him to carry out his own ground investigation at
tender stage (with no guarantee of winning the work) and often that
constraint is accepted by an arbitrator in any subsequent dispute.
One point that follows is that it is very important for engineering
geologists to keep good records throughout construction. These
should be factual, with measurements, sketches and photographs,
using standard terminology for description and classi
-
cation, as intro-
duced in
Chapter 3.
Quite often, especially for tunnels, the engineering
geologist representing the contractor will prepare sketches of ground
conditions encountered, together with engineering works installed
(such as locations of rock bolts and instruments) and seek to get this
agreed by the supervising team on a daily basis. This means that the
basis for payment is clari
ed and, in the event of some contractual
dispute later, there are clear records for all parties to review.
Interestingly, when things become dif
cult during the works because
of poor ground conditions, the contractor has to apply through the
engineer for extra money (ultimately to be paid for by the owner). Now
it is the engineer
is responsibility to act impartially, within the terms of
the contract, having regard to all the circumstances. In like manner, the
engineer
'
s representative on site and any person exercising delegated
duties and authorities should also act impartially (ICE Conditions of
Contract). In other standard contracts, in recognition that the engineer
is employed by the owner, the engineer is expected to act reasonably
rather than impartially, but nevertheless he is clearly expected to treat
the contractor
'
s claims in a proper manner with due regard to the
contract and the actual situation. The engineer can, however,
'
nd
himself in a position of con
icting interest, where the ground condi-
tions that are causing the dif
culty to the contractor might, and
perhaps should, have been recognised and dealt with by the engineer
'
s
investigation, design and speci
cation for the works (Dering, 2003).
He might have to approve a claim by the contractor, in the knowledge
that he himself is culpable because of poor ground investigation,
modelling or design. Conversely, he might resist a claim that later
proves valid following dispute resolution.
