huhjher

2
 1. The contr actor s hall not be r esponsible for the design or s pecifi cation of t he perma nent works or any part thereof or of any temporary works designed by the engineer. The contractor shall exercise all reasonable skill care and diligence in designing any part of the permanent works for which he is responsible. 2. The contra ctor shal l take full res ponsi bilit y for the adequacy s tabil ity and saf ety of all sit e operations and methods of construction. 3. Requir es the cont ract or to give notic e of any dis cre panc y or diverg ence bet ween the drawings the bills and the architect!s instructions and for the architect to issue further instructions in regard thereto. ". #t atut ory obli gat ions ar e the obl igat ions imposed by $cts of %arl iame nt and ot her  legislatio n such as government regulatio ns. $ll parties must of course obey the law and are thus bound by these obligations. &owever failure by the contractor to comply with a statutory obligation would not in itself amount to a breach of contract for which the employer could claim damages. '. (he re emerg ency work is necess ary in order to co)mply with stat utory requi rement s. This is likely to occur where work is necessary to ensure the continuing safety of people and property. *or example where a neighboring property has become unsafe and may collapse on to the site. The contractor must immediately undertake such limited work and supply suc h limite d mat eri als as are necessa ry to ensure compli ance wit h sta tut ory obligations. +. The main cont racto r is respo nsibl e for progr amming the overal l pro,ect an d coordin ating the contri but ions made by various ot her pers ons and organi-ations not ably sub contractors. /. The common law rule s govern ing the tr ansfer o f owners hip in mate rial s from con tract or to employer are fairly straightforward. They will operate as implied terms in any contract where they are not overridden by express provisions. 0. The contr act may dea l sati sf actori ly wi th que st ions of owners hi p as between the employer and the contractor however problems may arise in cases where the contractor  brings on to the site materials that are still in the ownership of a supplier. n particular many suppliers operate under standard conditions of sale which provide that they shall retain the ownership of goods until full pa yment is made.

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Page 1: huhjher

7/18/2019 huhjher

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1. The contractor shall not be responsible for the design or specification of the permanent

works or any part thereof or of any temporary works designed by the engineer. The

contractor shall exercise all reasonable skill care and diligence in designing any part of 

the permanent works for which he is responsible.

2. The contractor shall take full responsibility for the adequacy stability and safety of all site

operations and methods of construction.

3. Requires the contractor to give notice of any discrepancy or divergence between the

drawings the bills and the architect!s instructions and for the architect to issue further 

instructions in regard thereto.

". #tatutory obligations are the obligations imposed by $cts of %arliament and other 

legislation such as government regulations. $ll parties must of course obey the law and

are thus bound by these obligations. &owever failure by the contractor to comply with a

statutory obligation would not in itself amount to a breach of contract for which the

employer could claim damages.'. (here emergency work is necessary in order to co)mply with statutory requirements.

This is likely to occur where work is necessary to ensure the continuing safety of people

and property. *or example where a neighboring property has become unsafe and may

collapse on to the site. The contractor must immediately undertake such limited work and

supply such limited materials as are necessary to ensure compliance with statutory

obligations.

+. The main contractor is responsible for programming the overall pro,ect and coordinating

the contributions made by various other persons and organi-ations notably sub

contractors.

/. The common law rules governing the transfer of ownership in materials from contractor 

to employer are fairly straightforward. They will operate as implied terms in any contract

where they are not overridden by express provisions.0. The contract may deal satisfactorily with questions of ownership as between the

employer and the contractor however problems may arise in cases where the contractor 

 brings on to the site materials that are still in the ownership of a supplier. n particular

many suppliers operate under standard conditions of sale which provide that they shall

retain the ownership of goods until full payment is made.