Design-Build Contracts Essay

As an example, if the design and build procurement method of FIDIC is used for this project, quantity surveyor can define the following conditions with the claim

SubClause 2.1 [Right of access to the site]

Under this point, it defines the importance of giving the early access to the contractor for the purposes of survey and soil investigations by the employer. If the access cannot be granted, employer should provide the details early according to the requirement.

SubClause 4.12 [Unforeseeable Physical Conditions]

Basic reason for claiming by the contractor is defines in this SubClause. Point (a) and (b) demonstrate the extension of time and cost claim.

SubClause 8.4 [Extension of time for completion]

According to this condition, contractor can determine the reason for claiming for extension of time. Related point of this scenario shows under SubClause 8.4 (e).

SubClause 20.1 [Contractors claims]

After recognizing the delay and the related issues, contractor can notice to the engineer, by describing the event or circumstance giving rise to the claim within 28 days. So its better to show that situations with clear evidence for the claim. And then the engineer may determine the limit of extension of time which the contractor requested.

All parties who engaged with the construction project should consider Health and safety as a major responsibility.

Due to the compromising of health and safety by the subcontractor, some accidents happened within the site according to the scenario. Compromising health and safety is never the right thing to do as a responsible party, regardless of time pressure or financial situation. Not only the main contractor, Subcontractors also keep their workers, clients and suppliers responsible for compliance with these safety requirements.

When considering the design and build procurement method of FIDIC regarding to this scenario, following clauses should followed by the contractor.

SubClause 6.7 [Health and safety], contractor should take all reasonable precautions to maintain the health and safety.

SubClause 4.8 (a), also defines that the contractor should comply with all applicable safety regulations.

So the contractor should be responsible to maintain above clauses mentioned in FIDIC. When considering the accidents happened in this scenario, engineer can get the following steps to restrain the issues.

As the first step, engineer can notice the issue, which has happened by the contractors party under SubClause 7.6 (c).

If the contractor fails to comply with the instruction within a reasonable time, it will be results to termination of the contract by the employer under SubClause 15.2 (c) III.

To prevent from the dismissal of the contract regarding to that situation and the contract conditions, contractor can notice the subcontractor by defining the responsibility of health and safety.

If there any condition related to the responsibility of health and safety in the subcontract agreement or contract document, contractor can easily provide the claim.

By the FIDIC Conditions of subcontract for works of civil engineering construction (1994), Under SubClause 13.1 [Subcontractors Obligation to indemnity] it can be define.