Contract Clauses: Contractor and Engineer Responsibilities, Delays, and Payments - Prof. E, Study notes of Civil Engineering

Download Contract Clauses: Contractor and Engineer Responsibilities, Delays, and Payments - Prof. E and more Study notes Civil Engineering in PDF only on Docsity! LESSON 11 CONTRACT CLAUSES Contractor Warranties: “Thoroughly familiar” with project – precludes any claims of ignorance once work has started Site Examination – certify that data and site examination was complete and it is as represented in contract documents Work can be completed as required in contract – any performance issues should be noted and worked out before contract is signed Accept risk No collusion – (collusion = agreement “on the side” with other contractors or engineers for illegal or fraudulent purposes Not influenced by promise from owner / engineer – no insider info Financially solvent Experienced and competent Statements are true Qualified and authorized for work in state Other Contractor Responsibilities: Guarantees – “normally” one year guarantee minimum on workmanship and materials * Work must be free from defects caused by poor workmanship * Defective Work – assuming plans are not deficient it is the contractor’s responsibility if something goes wrong * This should be spelled out in contract * Subcontractors – contractors responsible for their own work and that of their subs Order and Discipline – on job site, contractor is responsible for discipline of their employees and their subs (No Beer Rule) Performance – substantial performance usually required for final payment Responsibilities of Engineer: Accuracy of Plans, Drawings and Specifications – contractor should still call out if they notice an error (verbal and written). Work can not proceed until engineer ok’s or modifies Approval of Contractor’s Plans & Equipment Approval of Shop Drawings – furnished by contractor but approved by engineer Change order mechanism – manage process Inspections of Materials Inspections of Field Operations – engineer is responsible for making sure work is according to plans, but contractor is responsible for actual field operations Final Inspection and Acceptance Responsibilities of Owner: Order of Completion (owner and/or engineer) Any work self-completed – owner has option to do some work independently. Should minimize interference with general contractor * Let contractor know in advance * Land and facilities – acquire land necessary for project. Specify if owner or contractor will provide facilities (electric, storage, construction trailer, etc.) Permits – secures all necessary permits • Building • Street closures • Heavy equipment • Etc Conduct of work DELAYS Excusable • Act of war • Act of god (weather) • Act of government (supervening illegality, state of emergency, etc.)