huhjher
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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.