A. The GC/Works/1 contract form is widely used for central government projects. The 1998 edition was designed for the Property Advisers to the Civil Estate and contains supplementary conditions and appended examples in separate model forms and commentary covering all versions of the contract. Supplementary conditions relate to the specific site or government department's requirements. It makes little sense to use GC/Works/1 on private projects, as it would require a great deal of modification.
Parties: The parties to the contract are the employer, who appoints a project manager to look after their interests, and the contractor.
Role of the Engineer/Representative: The traditional role of the engineer is carried out by the employer, project manager, quantity surveyor and clerk of works or resident engineer.
Programme and Method of Construction: A construction programme must be included in the contract and accepted by the contractor as properly representing their intentions. The contractor has to provide not only the sequence of works, but also details of resources (temporary work, method of work, labour and plant) and critical events for satisfactory completion. The programme must permit effective monitoring of progress and allow the employer sufficient time to request and receive information. The contractor may submit programme amendments at any time for the project manager's agreement.
Variations and Claims: The form deals with variations, changes, prolongation, disruption, finance charges and other claims and payments. Its approach to claims is different from the one in ICE and JCT forms of contract and even earlier versions of GC/Works/1. The approach in GC/Works/1 (1998) is summarised here:
- There are two types of project manager's instruction: general and variation instructions (VIs). VIs are issued when the finished works are affected mainly in quality or quantity
- The two types of instruction are valued within the same broad framework, but with distinctions in detail
- A quotation or valuation for an instruction of any type must include the direct cost of performing the work and expenses arising from prolongation or disruption or both (but not loss) for varied and unvaried work
- The project manager may require the contractor to give a lump sum quotation for a VI before carrying it out
- The project manager may require a VI valuation by the quantity surveyor within a tight timetable, although not necessarily before performance of work
- General instructions are to be valued on the basis of expenses incurred or savings made
- Payment for prolongation and disruption expenses may be made in restricted circumstances not arising out of instructions, including lapses on the part of the authority or the project manager. Late payment of other sums may incur finance charges
Q. We have a contract under IFC 98 running from January to September. Liquidated damages apply if the contract is not completed by November, but can they be backdated to September?
A. Often, standard contacts are modified by clients or the information may have different meanings in various situations, so it very much depends on the wording of the signed contract and its associated documentation.
There is a difference between "date for completion" and "the completion date". Take a look at clauses 1.3 and 25 for these. Clauses 2, 6.3D and 8.3 and the appendix will also help you understand the problem.
If you're still not sure, get a contract expert to look through the actual documentation as signed.
Q. What is the minimum distance for living accommodation near a fuel pump forecourt?
A. The Health & Safety Executive (HSE) says there is no set distance. You should make a judgement on the basis of a risk assessment and a decision on the integrity and structure of the petrol station.
The HSE also produces a booklet called Dispensing Petrol: assessing and controlling the risk of fire and explosion at sites where petrol is stored and dispensed as a fuel (0717610489, price £7.50). You can contact HSE Books by phone 01787 881165, fax 01787 313995, email hsebooks@prolog.uk.com or at www.hsebooks.co.uk.
You may also wish to speak to your local Petroleum Licensing Authority, which is based at your local authority.
Q. I have cracks in my wall caused, I have been told, by breezeblocks slipping. Do I need to reinforce the foundations? The cracks in the wall have been filled and have not widened.
A. It is very difficult to provide advice about cracks without inspecting and monitoring them. Get an expert structural building professional to inspect the cracks and advise you.
Source
Construction Manager
Postscript
Saleem Akram, the CIOB's technical manager, answers your questions. To put your technical question, call Adrian Smith, Library Information Services, on 01344 630737 or email techadvice@ciob.org.uk
No comments yet