Page 72 - Civil Engineering Project Management, Fourth Edition

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Preparing contract documents
work. Some methods may need to be specified, such as the requirements con-
cerning the handling and placing of concrete, but these and similar matters
should be specified under workmanship and materials clauses. Other direc-
tions on method should be given only if essential for the design. For instance,
if it is necessary to under-pin or shore up an existing structure, the exact
method used should not be specified for, if the contractor follows the method
and damage ensues, the liability for damage may lie on the designer. Usually
there is no need to specify a particular method, but there may be a need to rule
out certain methods; for example, that the contractor is not to use explosives.
It is important to avoid vague phraseology such as requiring the contractor
to provide ‘matters, things and requisites of any kind’, or ‘materials of any sort
or description’, etc. Clause 8 of the ICE conditions is sufficient to put on the
contractor the obligation to do everything necessary to complete the works –
‘so far as the necessity for providing the same is specified or reasonably to be
inferred from the contract.’ Similarly the phrase ‘excavation in all materials’ is
ineffectual. The drafter might think it covers any rock encountered but it does
not if the geological data supplied with the contract or reasonably available
to the contractor provides no evidence of the existence of rock. Definitions
such as those used in the Civil Engineering Standard Method of Measurement
(see Section 15.3) should be followed. If there is evidence that rock might
be encountered, a definition of it is required as discussed in Section 15.7.

5.6 Co-ordinating contracts for construction

Plant supply contracts

Many civil engineering projects incorporate electrical or mechanical plant
which has to be ordered before construction commences because of the time
required to manufacture the plant. Details and dimensions of the plant will be
required to permit design of structures to proceed. Thus the employer has to
let contracts for the supply of such plant in time for delivery of the plant to
occur when the construction needs to incorporate it. Figure 5.1 shows a plan
drawn up to co-ordinate plant deliveries for construction of a water treatment
works. A plan of this kind is needed for many types of project.
However, because the employer orders the plant he becomes liable for any
delay caused to the civil contractor if he does not place an order in time, or the
plant supplier defaults on his promised delivery period. The resulting delay
claim from the civil contractor can be expensive, hence it is prudent for the
employer to allow a ‘safety margin’ on plant delivery times. Thus the delivery
times for plant quoted in the construction contract are put somewhat later than
suppliers’ quoted delivery times to give a margin for possible delay. Although
this may result in plant being ready before the construction contractor needs
it, this is the best policy to follow. It is often possible to persuade a supplier to
hold plant in store until needed, and the extra charge he may make for this – or