Page 184 - Civil Engineering Project Management, Fourth Edition

Civil Engineering Project Management
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14.2 Difficulties with nominated sub-contractors
or suppliers
The use of nominated sub-contractors or nominated suppliers can cause
many problems because the engineer cannot interfere in the terms of the sub-
contract (see Section 15.8). The sub-contractor or supplier may refuse the sub-
contract because of disagreement with the contractor on liability for damages
(see Section 7.8), trade discount and terms of payment, or some extra charge the
contractor wants to make for services he provides. Sometimes a sub-contractor
refuses to accept an order from the contractor for reasons he will not disclose –
usually due to some past experience with the contractor. Although some prob-
lems can be overcome by careful detailing of all necessary provisions in the
specification, there is never any certainty the sub-contract will be signed. If
not signed the purpose of nomination is frustrated, and re-nomination may be
necessary causing the programme to be disrupted.
To avoid the problems of nomination the specification can specify the work
required and leave the choice of sub-contractor to the contractor; with the
proviso that the sub-contractor must be approved by the engineer. Nominated
suppliers can also be avoided by specifying items, where possible – ‘As Messrs.
XYZ’s product or similar’– leaving the onus on the contractor to choose his
source of supplier.
But this is not always possible when, for instance, the employer wishes to
use facing bricks available from only one supplier. An alternative then is for
the employer to place the order for the bricks direct with the supplier, making
arrangements for their offloading and stacking; with the engineer denoting
in the contract for construction where the contractor is to find such bricks, etc.
The resident engineer needs to ensure all such arrangements are being made
in due time to avoid delay to the contractor.
Fortunately many small items to be supplied by nominated suppliers are
not crucial to the contractor’s programme, or not required until the finishing
stages of the contract. These usually do not give rise to many problems, and
the contractor can be encouraged to order them in good time by the engineer
certifying part payment of their value under ‘materials on site’.

14.3 The role of the resident engineer

The resident engineer should contact separate and nominated sub-contractors
or suppliers, advising them construction has started, getting them to confirm
their delivery times. He should also make sure that all technical queries are
settled. Where suppliers have to manufacture substantial equipment, he will
check their progress, and may visit them to make personal contact. He will
do everything possible to prevent any delays occurring and, if he sees some
delay is unavoidable, he will inform the engineer and make suggestions as to