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Contractor’s Obligations

Contractor’s Obligations

Main Construction Contractor : Roles and Responsibilities

A construction project requires the expertise and coordination of various professionals and stakeholders to ensure its successful completion. At the heart of this intricate process is the main construction contractor, who assumes a pivotal role in overseeing, managing, and directing the project from its inception to its finalization. The main construction contractor serves as the driving force behind the construction endeavor, responsible for the seamless execution and delivery of the project, regardless of its size or complexity.

One of the primary responsibilities of the main construction contractor is to provide overall supervision and guidance throughout every phase of the construction project. This involves closely monitoring the progress, quality, and adherence to project specifications and timelines. The contractor must ensure that the work is carried out in accordance with the approved plans, building codes, safety regulations, and industry standards. By effectively overseeing the construction activities, the contractor plays a crucial role in mitigating risks, addressing any issues or challenges that may arise, and maintaining the project’s overall integrity.

Furthermore, the main construction contractor takes on the task of managing and coordinating various subcontractors, suppliers, and laborers involved in the project. This includes selecting and hiring subcontractors, negotiating contracts, and ensuring their compliance with project requirements. The contractor must effectively communicate with the subcontractors, establishing clear expectations, allocating resources, and resolving any conflicts or discrepancies that may arise during the construction process. By fostering a collaborative environment and maintaining open lines of communication, the contractor helps to optimize the efficiency and productivity of the entire construction team.

In addition to overseeing the construction activities, the main contractor is responsible for budgeting, cost control, and financial management of the project. This entails developing an accurate and comprehensive budget, estimating costs, and tracking expenses throughout the construction process. The contractor must closely monitor the financial aspects of the project, ensuring that it remains within the allocated budget and making adjustments as necessary. By effectively managing the project’s finances, the contractor helps to maximize cost-effectiveness and minimize financial risks.

Another vital aspect of the main construction contractor’s role is ensuring compliance with legal and regulatory requirements. This includes obtaining the necessary permits and licenses, adhering to building codes and zoning regulations, and complying with health and safety standards. The contractor must stay up-to-date with the ever-changing legal landscape and ensure that the construction project meets all the necessary legal obligations. By prioritizing compliance, the contractor helps to mitigate legal risks and maintain a safe and lawful construction environment.

Moreover, the main construction contractor is responsible for maintaining effective communication and collaboration with the client or project owner. This involves providing regular progress updates, addressing any concerns or queries, and managing expectations. The contractor must possess strong interpersonal and negotiation skills to effectively communicate with the client and ensure their satisfaction throughout the construction process. By establishing a positive and transparent working relationship, the contractor helps to foster trust and ensure a successful outcome for the project.

A main construction contractor is a company that takes on the responsibility of managing and coordinating all aspects of a construction project. They are responsible for ensuring that the project is completed on time, within budget, and to the satisfaction of the client.

The roles and responsibilities of a main construction contractor can vary depending on the size and complexity of the project. However, some of the most common duties that a main contractor is responsible for include:

  1. Project planning and management: The main construction contractor is responsible for creating a project plan that outlines the scope of work, timelines, and budget. They must also manage and oversee the entire project, ensuring that all tasks are completed on time and within budget.
  2. Coordination of subcontractors: A main contractor will often hire subcontractors to complete certain aspects of the project, such as plumbing or electrical work. The main contractor is responsible for coordinating with these subcontractors to ensure that their work is completed in a timely and efficient manner.
  3. Quality control and assurance: The main contractor is responsible for ensuring that all work is completed to the highest standard of quality. They must also ensure that all materials used in the project meet the required standards.
  4. Health and safety: The main contractor is responsible for ensuring that all health and safety regulations are adhered to on the construction site. They must ensure that all workers are provided with appropriate safety equipment and that all work is carried out in a safe manner.
  5. Budget management: The main contractor is responsible for managing the project budget and ensuring that all costs are kept within the agreed-upon limits.
  6. Communication with the client: The main contractor must maintain regular communication with the client to keep them informed of the project’s progress and to address any concerns or issues that arise.
  7. Risk management: The main contractor must identify and manage any risks associated with the project, such as unexpected delays or changes in scope.

A main contractor is appointed by the client to control the construction phase of any project involving more than one Sub-contractor.

Main contractor has an important role in managing construction activity, health and safety risks during the construction phase so he must have the skills, knowledge, experience and, where relevant, organisational capability  to carry out this work.

Main Contractor's Obligations

Main Contractor’s Obligations

Project Monitoring And Management

The construction contractor is responsible for the successful completion of the project in terms of time schedule, cost, safety, and other project-related details as stipulated in the project contract. The contractor is supposed to set and observe the project progress schedule and budget in line with the owner’s demands; and also to adhere to the time and cost stipulations. The project progress schedule can be altered by unprecedented changes and adjustments during the project execution phase. The project management role extends to the project handover stage, which is characterized by warranties and guarantees, for quality assurance purposes.

Contractor’s Obligations under FIDIC Red Book 99

The FIDIC Conditions of Contract “Red Book 99” places a lot of obligations and responsibilities on the Contractor in performing the Works under the Contract.

To ensure that the Contractor is performing his obligations, the Contract allows the Engineer to terminate the Contract if the Contractor is failing/failed to perform his obligations under the Contract (Clause 15). Furthermore, it allows the Engineer to withhold payments of unperformed obligations until they are fulfilled (Clause 14).

It is therefore very important for Contractors, Engineers and Employers alike to know the responsibilities and obligations of the Contractor under the General Conditions of FIDIC Red Book 99. Here is a list of the major obligations of the Contractors under the General Conditions of FIDIC Red Book 99.

It is worthy to highlight that these conditions can be easily amended in the Particular conditions, and thus may be changed. Moreover, this list is a summary of the major obligations which may be used to withhold payment or send a Notice to Correct and is not a ultimately exhaustive list of such obligations.

Case Study

we present a case study of a real situation for the reader to study and decide on the correct contractual outcome. The following describes the situation for this edition’s case study.

The project consists of a 28-storey hotel tower and a 22-storey serviced apartment tower constructed over a 3-storey podium and a 3-level basement car park. The basement and podium ‘footprint’ covers approximately 65% of the site.

The general conditions of contract are the Conditions of Contract for Construction for Building and Engineering Works Designed by the Employer, First Edition 1999. The Employer engaged a separate contractor to excavate the basement to formation level, install a secant pile shoring system , and another contractor to carry out the dewatering works.

In summary, the main construction contractor plays a critical role in ensuring that a construction project is completed successfully. They are responsible for managing all aspects of the project, from planning and budgeting to coordinating subcontractors and ensuring that all work is completed to the highest standards of quality and safety.


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