General Conditions of Contract

 

GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION  Articles 19 through through 24

 

RTICLE 19 :  A RTICLE PROTECTION OF THE WORK , PERSONS  AND PROPERTY  19.5 The Contractor shall designate a qualified and responsible on site staff person, whose duty shall be the pr prev even enti tion on of acci accide dent ntss.

 “The name and position of the designated person shall be reported to the Owner by the Contractor at the com omm menc nce eme ment nt of th the e Con onttrac actt.” 

 

RTICLE 19:  A RTICLE PROTECTION OF THE WORK , PERSONS AND PROPERTY  19.8

The Contractor shall remove all snow and ice as

may be required for access to the site and proper protection and prosecution of the Work.

 

RTICLE 19:  A RTICLE PROTECTION OF THE WORK , PERSONS  AND PROPERTY  19.10 During cold weather the Contractor shall protect all work from damage.

If low temperature makes it impossible to continue operations safely in spite of cold weather precautions, the Contractor may cease Work upon the written approval of  the Commis Commissio sioner ner..

 

 A RTICLE RTICLE 20: TEMPORARY  UTILITIES 20.1  Unless expressly provided for otherwise in the Contract Documents, the Contractor shall include in the proposed contract bid price as stated on the Bid Proposal Form the costs of all temporary utilities required for Project completion and protection of the Work.  Said temporary utilities include but are not limited to lighting, heating, cooling, electrical power, water, telep elepho hone ne,, sani sanittar ary y faci facili liti ties es,, and po pottable able wat water er..

 

 A RTICLE RTICLE 21: CORRECTIONS TO THE WORK  21.5 

No extension of time will be given to the Contractor for correction of rejected or unacceptable Work.

 All significant punchlist Work shall be completed before Substantial Completion is determined.





The remaining minor punchlist Work, as determined by the Commissioner, shall be completed within 60 Days of established Substantial Completion date.

 

 A RTICLE RTICLE 22: GUA UARA RANT NTEE EES S AN AND D W ARRANTEE  ARRANTEES S 22.1    Unl nle ess exp expre res ssly pro rov vided for otherw rwiise in the Contract Documents, the Contractor shall provide a  Warranty on the Work for for an  an 18-Month period from the date of Substantial Completion. Completion.    Th The e Con Contr trac acto tor r sha shall ll warra warrant nt that that the equi equipm pment ent,, materials and workmanship are of good quality and new, ne w, un unle less ss pe perm rmit itte ted d el else sewh wher ere e by the the Co Cont ntra ract ct Documents, and that the Work shall be free from defects no nott in inh heren entt in th the e qual uality req required or permitted and that the Work conforms to the Contract Documents.

 

 A RTICLE RTICLE 22: GUA UARA RANT NTEE EES S AN AND D W ARRANTEE  ARRANTEES S (CONT.) 22.2  Disclaimers and limitations from manufactures, Subcontractors, suppliers or installers to the Contractor shall relieve the Contractor of the Warranty on the not Work.  The Contr Contract act Docum Documents ents det detail ail the related related dama damages, ges, reinstatement of Warranty, replacement cost and Owner’s recourse.

 

 A RTICLE RTICLE 23: CUTTING, FITTING, P ATCHING,  AND DIGGING 23.1 Contractor will perform or will cause the  The Subcontractors to perform all cutting, fitting or p chirie ndg toof m th (se)raolf ptahretsW orek bd e reaqtu aekeptohrteiosn ev th reoth f ajotinm ea dyan coordinated in a manner satisfactory to the Commissioner and in accordance with the Plans and Specifications.

 

 A RTICLE RTICLE 24 : CLEANING UP 24.2  Prior to Acceptance of the Work, the Contractor shall remove from and about the site of the Work, all rubbish and all temporary struc ucttures, tools, scaffolding ing and surplu luss msaetderin iatlsh,espueprpfolirem s aanncde oefqtuhie pm u Weonrtk.which may have been  If the Commissioner in his sole discretion determines that the Contractor has failed to clean the work site, the Owner may remove the rubbish and charge the cost of such remo re mova vall to the Con ontr tra act cto or.   A deduct Change Order will be issued by the Owner to reco re cove verr su such ch co cosst.

 

General conditions of contract comprise clauses that cover the following items: 

Definitions and interpretations.

 Engineer and Engineer's E ngineer's representative.  Assignment and sub-contracting. sub-contracting.

Contract documents.  General obligations.  Labor, Materials, plant, and workmanship.  Suspension.  Commencement and delays. Defects liability.  Alternations, Additions and Omissions.  Procedure of claims.  Contractors' equipment, temporary temporary works and materials. 

 

Provisional sums. Certificates and payments.  Remedies.  Special risks.  Release for performance. Settlement of disputes. Notices. Default of Employer.. Changes in cost and legislation. Employer legislat ion. Currency and rates of exchange. Most of the standard forms of conditions of contract contain one or more clauses, which require comp comple leti tion on by the the Cl Clie ient nt/E /Eng ngine ineer er be befo fore re the the cond condit itio ions ns ar are e issue issued. d.

 

ROLE OF AN ARCHITECT IN ENSURING A POSITIVE COMPLETION OF A CONTRACT  A contract  A  contract

is a vital document as document  as it is a legally-binding commitment between

the builder and the client to deliver the project. 

The   ar arch chit itec ectt ad admi mini niste sters rs thi this s co cont ntra ract ct im impa part rtia ially lly be betwe tween en bo both th pa parti rties es

(client and contractor), although the   architect’s   fees are generally paid by the client. The e Th

arch archit itec ectt wil illl the then be resp respon onsi sibl ble e for for ens nsur urin ing g th tha at the the co con ntr trac actt

documentation is appropriate (there are many different types of contract) and accurate and all items under the contract, such as   variations and certificates, are properly signed and issued.

 

ROLE OF AN ARCHITECT IN ENSURING A POSITIVE COMPLETION OF A CONTRACT [contd…. [contd…. ] 

He or she will carry out periodic out  periodic site visits to monitor progress progress..

Th The e

ar arch chit itec ectt will will make make a prof profes essi sion onal al ju judg dgme ment nt re rega gard rdin ing g th the e re requ quir ired ed

frequency of these visits, unless an alternative programme of visits has been agreed with the client.  An

architect engaged to monitor construction of the project (which should not

be confused with contract administration) will be responsible for checking that the construction conforms to the planning permission and Building Regulations and all stages are properly completed to a satisfactory standard of  workmanship.

 

ROLE OF AN ARCHITECT IN ENSURING A POSITIVE COMPLETION OF A CONTRACT [contd…… [contd…… ] This

will involve periodic involve  periodic site visits to monitor progress progress (visually),  (visually), but will   not

norm no rmal ally ly in invol volve ve th the e ar arch chit itec ectt in de deta taile iled d ch chec eckin king g of di dime mens nsio ions ns or te test stin ing g materials. The

contractor, on site, will site,  will supervise the work on a day-to-day basis basis and  and be

responsible for the proper carrying out and completion of construction works and for health and safety provisions on the site. Some

fee.

architects will offer more  detailed inspection services services for  for an additional an  additional

 

ROLE OF AN ARCHITECT IN ENSURING A POSITIVE COMPLETION OF A CONTRACT [contd…… [contd…… ] If

the the ar arch chit itec ectt is neit neithe herr admi admini nist ster erin ing g the the cont contra ract ct,, nor nor mo moni nito tori ring ng the the

construction, he or she may undertake site visits at the  client’s  request, in order  to advise on progress. 

In this role of project adviser, it is understood that the  architect will be acting

forr th fo the e cli clien ent, t,   and and not not in the the neut neutra ral, l, im impa part rtia iall ro role le re requ quir ired ed of a cont contra ract ct administrator or construction overseer. The e Th

arch archit itec ectt is not not re resp spon onsib sible le for for mana managi ging ng the the   builder’s   programm programme e of 

works orks,, nor for for organ rganiz izin ing g the the work ork on si site te   –   respo respons nsib ibil ility ity rests rests with with the the

builder/contractor, including the responsibility to notify expected problems.

 

ROLE OF AN ARCHITECT IN ENSURING A POSITIVE COMPLETION OF A CONTRACT [contd…… [contd…… ] The

architect is however in a position to advise the client on the

circumstances and if those are reasonable may,   on the   client’s   behalf and if 

acting as contract administrator, award extensions of time. Su Such ch

work work whic which h is   beyo beyond nd the   architect’s   contro controll may res result ult in add additi itiona onall

fees. Th The e ar arch chit itec ectt is   no nott re resp spon onsi sibl ble e fo forr th the e wor ork k un unde dert rtak ake en by an any y oth the er  consultant (such consultant  (such as a structural engineer) engaged on the project. Ot Othe herr

co cons nsul ultan tants ts will will usua usually lly be enga engage ged d dire directl ctly y by the clien clientt and and fees fees

should be paid directly to them. It 

is possible to engage an architect to provide all consultancy services.

In this arrangement the other consultants are sub-consultants of the architect

and responsible to him or her rather than the client direct. They

are paid by the architect whose fees will reflect this.

 

DI DISP SPUT UTES ES IN CO CONT NTRA RACT CT AN AND D AR ARCH CHIT ITEC ECT' T'SS RO ROLE LE IN RE RESO SOLLVI VING NG SU SUCH CH DISPUTES. When claims are asserted by either party to the construction contract, owner or  cont co ntrracto actorr, the the arch archit itec ectt shou should ld imme immedi diat atel ely y comm commen ence ce the the proc proces esss of    resolution.

ORIGINATION OF A CLAIM  Any

claim or demand by the contractor against the owner or by the owner agai ag ains nstt the cont contrracto actorr shou should ld be re redu duce ced d to wr writ itin ing g.  It should be directed to the other party with a copy to the architect. stme ment ntss in Contractor claims are often in the form of a request asking for adju adjust the contract price or time, or both, usually on account of changed or unexp une xpec ecte ted d cond condit itio ions ns or adve advers rse e weat weathe herr. Many owner claims are an expression of d f dissatisfaction of some facet of the contractor’s performance. Continuing Con Contr tract act Pe Perfo rforma rmance nce.. During the architect’s consideration of a claim, the contrac acttor is required to continue diligently with the work of the contract and the owner is required to cont co ntiinu nue e ma maki king ng pay aym men ents ts ac acco corrdin ing g to th the e co con ntr trac act. t. Thi his, s, of course, can be changed by mutual written agreement of the parties, if that is what they want.

 

DI DISP SPUT UTES ES IN CO CONT NTRA RACT CT AN AND D AR ARCH CHIT ITEC ECT' T'SS RO ROLE LE IN RE RESO SOLLVI VING NG SU SUCH CH DISPUTES. [ Contd ] ……

REFERRAL TO THE ARCHITECT FOR DESIGN The

architect’s initial decision is necessary as a condition precedent to the architect’s next steps in the process. The architect should treat this contractual duty as a high priority assignment assignment..  Should the architect delay this decision for 30 days days,, then the mediation and architect.. arbitration procedures procedures will, by then, be set in train without the architect In making the decision, the architect must be fair and should obtain the complete views of both sides before making the decision. The decision must be based on the actual provisions of the contract documents, not what the architect wishes were in the documents. Sometimes the claim will be based on an alleged error or omission of the architect. This will be the litmus test of the fairness capacity of the architect.  All of the architect’s architect’s decision-making procedures should be in writing writing..  In the event that either or both of the parties are dissatisfied with the

decision, or the procedure, higher (arbitrators) will undoubtedly review,, and review possibly overturn, the authorities architect’s decision.

 

DI DISP SPUT UTES ES IN CO CONT NTRA RACT CT AN AND D AR ARCH CHIT ITEC ECT' T'SS RO ROLE LE IN RE RESO SOLLVI VING NG SU SUCH CH DISPUTES. [ Contd ] ……

REFERRAL TO THE ARCHITECT FOR DESIGN In

the event the decision is considered fair and is acceptable to the parties, this resolves the claim and forestalls continuation of the procedure leading to mediat medi atio ion n an and d ar arbi bitr trat atio ion n. The

parties’  acceptance of the architect’s decision is usually the most econo conomi mica call way to end the cont contrroversy ersy.. Continuation through mediation and arbitration will undoubtedly entail cons co nsid ider erab able le addi additi tion onal al time time and and si sign gnif ific ican antt lega legall expe expens nse. e. The result, weeks or months later, might be the same as the architect’s initial decision.

 

DI DISP SPUT UTES ES IN CO CONT NTRA RACT CT AN AND D AR ARCH CHIT ITEC ECT' T'SS RO ROLE LE IN RE RESO SOLLVI VING NG SU SUCH CH DISPUTES. [ Contd ] ……

 ARCHITECT'S DECISION-MAKING DECISION-MAKING PROCEDURE  Architect’s Immediate Actions. Within ten days  Architect’s days after receiving the claim, the architect should take one or more of the following actions: ask k the other party (1) Ask the claimant to submit additional supporting data or as to submit a response with supporting data. (2) Reject the claim in whole or in part. (3) Suggest a compromise. (4) Advise the parties that the architect is unable to resolve the claim. claim. This would be the case if the architect feels there is insufficient information to evaluate the merits of the claim, or if the architect concludes that it would be inappropriate to decide the claim. Investigation. The architect should seek whatever relevant information is available from the parties, and should consult with experts if  necessary. It may be necessary for the architect to seek the owner’s

 Architect’s

auth au thor oriizati zation on for the the expen xpense se of retain tainin ing g such such expe xperts ts..

 

DI DISP SPUT UTES ES IN CO CONT NTRA RACT CT AN AND D AR ARCH CHIT ITEC ECT' T'SS RO ROLE LE IN RE RESO SOLLVI VING NG SU SUCH CH DISPUTES. [ Contd ] ……

 ARCHITECT'S DECISION-MAKING DECISION-MAKING PROCEDURE Parties’  Parties’ R Respo espons nse e

and and Supp Suppor orti ting ng Data Data.. The part arties shoul ould respond ond and and submit additional supporting data within ten days aft fte er the architect’s request.  After receipt of responses and supporting data, if any, any, from both sides, the architect should reject or approve the claim in whole or in part. The decision should be issued within 30 days after all information from both sides is received by the architect.  Architect’s

Writte Wri tten n Dec Decisi ision. on. decision should be in writing and should state the reasons for the decision. The decision should inform the parties of any change in the contract sum or time, or both. The decision is final and binding on the parties but is subject to mediation and arb arbitr itrati ation. on. The

 

DI DISP SPUT UTES ES IN CO CONT NTRA RACT CT AN AND D AR ARCH CHIT ITEC ECT' T'SS RO ROLE LE IN RE RESO SOLLVI VING NG SU SUCH CH DISPUTES. [ Contd ] ……

 ARCHITECT'S DECISION-MAKING DECISION-MAKING PROCEDURE Finality of Decision. The written decision should include language similar to the following: (1) This decision is final but subject to mediation and arbitration. (2) A demand for arbitration of this claim must be made within 30 days after the date on which the party making the demand receives the final written decision. The failure to demand arbitration within said 30 days’  pe peri riod od shal shalll result in this decision becoming final and binding upon the owner and contractor. Late Decision. If the architect renders the decision after an arbitration has been initiated, the decision has no effect, but may be entered in the arbitration as evidence.  However However,, if the parties wish to accept the architect’s late decision, then the arbitration can be dropped and the decision accepted.

 

MEDIATION If the parties cannot mutually accept the architect’s decision, then the claim is referred to mediation under the Construction Industry Mediation Rules of the  American Arbitration Association (AAA). This must be done before the claim can be submitted to arbitration. Mediation is a procedure in which a mutually acceptable disinterested, impartial intermediary meets and talks with both sides, together and separately, and assists them in their negotiations. The mediator does not impose any decisions on the parties but instead helps them to arrive at their own voluntary resolution. Mediation can be by-passed if both parties agree to do so. However, many disputes are resolved in mediation, and if this can be done, much time, effort, and expense can be saved. A mediated settlement, being somewhat informal, will often leave the parties in a friendlier state so they can continue doing business with each other. The parties will share the AAA fees and mediator’s fe fees es equall equally y.

 

 ARBITRATION If the dispute cannot be settled by the architect’s decision or by mediation, then

it

will

be

subject

to

arbitration.

 Arbitration procedures will be in accordance with the Construction Industry  Arbitration Rules of the AAA.  Arbitration is a system whereby a disinterested neutral person or panel of three hears the evidence and arguments of both sides in a dispute and then makes a decision. The decision is final and binding on the parties, with appeals limited to matters involving corruption of the arbitrators or other unfairness of the procedure. The arbitration is initiated by the claimant sending a demand to the other party, with a copy to the AAA. The demand must be made within the 30-day period after the architect’s initial decision.  At the time of making an arbitration demand, the claimant must include all known claims against the other party. The arbitrators, in their award, will determine who pays the costs of the