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Contractor’s Obligations

Contractor’s Obligations

Main Construction Contractor : Roles and Responsibilities

Generally, a building contractor is supposed to supervise, inspect, and direct a construction project from start to finish regardless of the project 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.

 

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