Control of the Works (Section 3)

Question 1

What is a clerk of works?

Answer 1

“Acts as an inspector of the works”.

A clerk of works oversees the quality and safety of work on a construction site, making sure that building plans and specifications are being followed correctly.

Question 2

If the CA / Architect is replaced how long from cessation does the employer have to replace these?

Answer 2

As soon as reasonably possible or within 21 days.

Question 3

What does the contractor have to do if he is looking to sub-contract works / design?

Answer 3

Make the employer aware and receive consent from the CA.

Question 4

What is the type of contract used by a contractor for a sub contractor?

Answer 4

JCT Standard Building Sub-Contract

Question 5

Name the situations when a contractor is not obliged to have to conform with an instruction?

Answer 5

Clause 3.10:

1. ) A variation (such as limiting working space or working hours) that the contractor objects to.
2. ) When an instruction for a variation requires the contractor to provide a variation quotation, the variation shall not be carried out until the CA has either confirmed acceptance or not
3. ) If the instruction affects the contractors design

Question 6

What happens if a contractor does not comply with a valid instruction?

Answer 6

If within 7 days of a notice [from the employer requiring compliance with an instruction] the Contractor does not comply and it has not been amended then the employer can pay another person to execute the work (contractor liable for any additional costs in connection with alternative employment).

Question 7

Who can issue an instruction in the JCT SBC?

Answer 7

Architect / CA / EA & Employer.

*Unless anyone else is named in the contract.

Question 8

What are the options available if works are found to be not in accordance with the works?

Answer 8

The client may:

1. ) Issue instructions to remove any such work, materials or goods
2. ) Issue an instruction to change the works which are not in accordance with the works, at no additional cost or extension of time
3. ) Agreement to accept work but variation will act as deduction of value

Question 9

What must a contractor do if antiquities are found on site?

Answer 9

All antiquities found on site during the progress of the works become the employers property. The Contractor must:

1. ) Use best endeavors not to disturb the object and cease work
2. ) Take steps to preserve
3. ) Enform employer of its discovery and location