Civil engineering contracts
Definitions and Interpretation
Engineer’s representative – Means any resident
engineer or assistant of the engineer or any clerk of
works appointed by the employer or by the engineer
from time to time to perform any duties as
assigned by the Eng
Duties and powers of the Eng’s Rep
To watch and supervise the works
To test and examine materials to be used and
workmanship employed in connection with the works
He does not have authority to relief the contractor
of any of his duties or obligations under the
contract
He can not order any variations on the project
unless authorized by the Eng who should also
notify the contractor in writing
The Eng may appoint any number of person to
assist the Eng Rep whose names and function
should be notified to the contractor
The powers of these assistants is limited to
circumstances which are necessary to enable the
contractor to discharge his function e.g. securing
acceptance of materials or workmanship
Where they perform such function it is deemed to
have been given by the Eng Rep
The Eng may also delegate the Eng Rep any
powers & authority vested in him and the same
should notified to the contractor
When the Eng has delegated his powers and
authority to the Eng Rep the contractor is bound by
any instructions given by the Eng Rep as if the
have been given by the Eng himself
However the power and authority of the Eng
remain the same he can disapprove sub standard
work which might have been approved by the Eng
Rep
If the contractor is dissatisfied by any decision made
by the Eng Rep or his assistant he is entitled to
refer the matter to the Eng
Clause 3
Contractor & employer not allowed to assign the
contract to any part of the contract without the
consent of each other
Clause 4
Contractor is not allowed to sublet the whole wks
except where otherwise provided by the contract.
Contractor has to seek consent of the Eng before
subletting
However contractor still remain liable in the
contract for any acts, defaults and neglets of his
agents
Clause 5: EXTENT OF CONTRACT
The contractor’s obligations under the contract are
outlined as comprising construction, completion
and specified maintainance of the wks
Clause 6: CONTRACT DOCUMENTS
The documents that form the contract are taken as
mutually explanatory of another
In case of ambiguity or discrepancies in the
contract documents the Eng explains or make
necessary adjustments and explains to the
contractor on what need to be done on the works
CLAUSE 8: DRAWINGS BY CONTRACTOR
Where contract entails preparation of design &
details of any work.
The contractor is required to submit to the Eng such
designs and details for approval before commencing
the works
The contractor remain responsible for any
discrepancies, errors or omissions in the drawings
and information supplied by him.
GENERAL OBLIGATIONS
Clause 11: Inspection of site
The contractor is obliged to inspect and examine the
site such that he can satisfy himself as to the nature
of the ground and subsoil and its surroundings before
submitting tenders
Clause 12: Sufficiency of tender
When the contractor submits his tender he is
deemed to have satisfied himself to the correctness
and sufficiency of the tender in terms of rates and
works stated in the priced bill of quantity to cover
for all his obligations under the contract
However exceptions are given to adverse physical
conditions and artificial obstructions which could
not be foreseen by an experienced contractor
If the adverse conditions and obstruction should
be in the opinion of the contractor cause
additional work
The contractor should put that in writing to the
Engineer stating the nature and extend of additional
work and all the cost associated with such work
Clause 13: Work to be to the satisfaction of the
Eng
The contractor is expected to execute all the works
to the satisfaction of the Eng and is required to
adhere to instructions and directions as given by
the Eng or Eng rep or assistant as explained before
Clause 14: Programme to be furnished
The order in which work is carried out is subject to
approval and alteration by the Eng
The contractor will submit a programme of works
for approval if required by the Eng
The programme should show the order of
procedure and method in which the contractor
proposes to carry out the works
However submission of such programme will not
relief the contractor of any of his duties or
responsibilities under the contract
