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Introduction
It is worth remembering:
There are new concepts adopted in the
1999 Books to make them attractive to
the Construction Industry in general;
Most important of which are perhaps
related to the position & status of the
Engineer, and the possibility of allowing
the design to be divided by the Employer
& the Contractor.
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Introduction Contd./2
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Clauses affecting the roles of the
Employer & the Engineer
With these three p
points in mind, the
following sub-clauses must be
considered:
Sub-Clauses 2.1, 2.2, 2.3, 2.4 and 2.5;
Sub-Clauses
Sub Clauses 33.1,
1 33.2,
2 33.3,
3 33.4
4 and 33.5;
5;
Clause 5 of the Y. & S. Books; and
Sub-Clause 14.7.
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2.1 Right
g to Access to the Site;
2.2 Permits, Licences or Approvals;
2.3 Employer’s Personnel;
2.4 Employer’s Financial
Arrangements; and
2.5 Employer’s Claims.
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Sub-Clause 2.1, 2.2 & 2.3 are similar
2.4 Employer’s
p y Financial
Arrangements; and
2.5 Employer’s Claims.
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Sub-Clause 2.4: Employer’s Financial
Arrangements
Employer’s Financial Arrangements
p y shall submit,, within 28 days
2.4 The Employer y after
f
receiving any request from the Contractor, reasonable
evidence that financial arrangements have been made
and are being maintained which will enable the
Employer to pay the Contract Price (as estimated at
that time) in accordance with Clause 14 [Contract
P i andd Payment].
Price P ] If the
h Employer
E l intends
i d to make
k
any material change to his financial arrangements,
the Employer shall give notice to the Contractor with
detailed particulars.
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Sub-Clause 2.4: Employer’s Financial
Arrangements
Note:
) Th meaning
The i off reasonable
bl evidence;
id
) The 28 day period for providing the
information;
) The requirements for a notice if this
clause is to be amended.
to be discussed later
in the claims session
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Clause 3: The Role of the Engineer
Sub-Clause 3.1 “The Engineer’s Duties and
y ;
Authority”;
Sub-Clause 3.2 “Delegation by the Engineer”;
Sub-Clause 3.3 “Instructions of the
Engineer”;
Sub-Clause 3.4
3 4 “Replacement
Replacement of the
Engineer”; &
Sub-Clause 3.5 “Determinations”.
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Sub-Clauses 3.3, 3.4 & 3.5 are new
Sub-Clause 3.3 “Instructions of the
Engineer” is quite different in the
Engineer
various books as it refers to design;
Sub-Clause 3.4 “Replacement of the
Engineer” is new, but similar meaning
i in
is i the
h 1992 by
b implication;
i li i &
Sub-Clause 3.5 “Determinations” is
entirely new.
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Sub-Clause 3.5: Determinations
3.5 …. . If agreement is not achieved, the
E i
Engineer shall
h ll makek a fair
f i determination
d t i ti in i
accordance with the Contract, taking due
regard of all relevant circumstances.
The Engineer shall give notice to both
P ti off each
Parties h agreementt … Each
E h Party
P t
shall give effect .. Unless and until revised
under Clause 20 ..
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Under the Yellow & Silver Books
) the design function is allocated to the
Contractor and not the Engineer;
) there are many new provisions attached to such
allocation, the most important of which is the
“Employer’s Requirements”, referred to in 25
Sub-Clauses
Sub Clauses throughout the New Yellow Book.
) The relevant sub-clause is 5.1 “General Design
Obligations”.
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