3 Obligations of the contractor

3.1 The contractor’s paramount obligation is to ‘carry out and complete the Works’. This obligation, which is stated in Article 1, reinforced in clause 2.1, is discussed in detail below. In addition, the contractor has important obligations in relation to progress and programming, discussed in Chapter 4, and in regard to insurance matters, discussed in Chapter 8. Additional obligations may also arise from the optional supplemental provisions (Schedule 5). The contractor’s main obligations and powers under IC16 and ICD16 are summarised in Tables 3.1 and 3.2.

Table 3.1 Key duties of the contractor

Clause (IC/ICD) Duties of the contractor 1.7 Communicate notices, etc. by agreed means 1.11 Ensure consents, approvals, etc. not unreasonably delayed or withheld 2.1 Carry out and complete the works, in compliance with the contract documents, the construction phase plan and statutory requirements /2.1.1 Complete the design of the CDP /2.1.2 Comply with the contract administrator’s directions regarding integration of the CDP /2.1.3 Comply with regulations 8-10 of the CDM Regulations 2.2.1 Materials, goods and workmanship to be to the satisfaction of the contract administrator or appropriate for the works 2.2.2 Take all reasonable steps to encourage contractor’s persons to be CSCS registered cardholders 2.3 Pay all fees and charges 2.4 Begin construction of the works, proceed regularly and diligently, complete by the completion date, retain possession of the site 2.6 Notify the insurers of early occupation; notify the employer of any additional insurance premium 2.7.1 Permit execution of work by employer’s persons 2.9 Amend errors in setting out /2.10.2 Provide contractor’s design documents and related information 2.11.3 Notify the contract administrator of information needed, where has reason to believe the contract administrator is not aware of the time this information may be required 2.15.1 Notify the contract administrator of any discrepancy between documents and statutory requirements 2.16.1 Execute work in relation to emergency compliance with statutory requirements 2.16.2 Inform the contract administrator of cl 2.16.1 work 2.19.1 Notify the contract administrator whenever it becomes reasonably apparent that the progress of the works is being or is likely to be delayed 2.30 Make good defects notified by the contract administrator /2.32 Supply contractors design documents and related information (as-built drawings) 3.2 Keep upon the site ‘at all reasonable times’ a competent ‘person-in-charge’ 3.6 Engage sub-contractors using the relevant version of the JCT sub-contract, or on terms that incorporate those set out in clause 3.6.1 to 3.6.3 3.7 Enter into sub-contracts with named persons 3.8 Comply with instructions issued by the contract administrator 3.15 Comply with instructions relating to non-compliant work 3.18 Comply with CDM Regulations 3.18.2 Comply with CDM Regulations 15 and 12-14 (and 8, IC only) 4.7 Provide a bond in relation to any advance payment 4.12.2 Pay employer amount stated in certificate 4.12.5 Issue pay less notice to employer if intending to pay less than the certified sum 4.12.6 Pay interest to the employer on unpaid amounts 4.16.1 Notify the contract administrator as soon as the likely effect of a relevant matter is known 4.16.2 Provide supporting information in relation to loss and/or expense 4.16.3 Update the contract administrator at monthly intervals in relation to loss and/or expense 4.20.1 Provide the contract administrator with documents for final adjustment of the contract sum 6.1 Indemnify the employer against losses, etc. due to personal injury or death of any person 6.2 Indemnify the employer against losses, etc. due to damage to property other than the works 6.4.1 Take out and maintain insurance in respect of cl 6.1 and cl 6.2 liability 6.5.1 Take out and maintain insurance in respect of damage to property caused (without negligence) by carrying out of works, if required under contract particulars 6.5.2 Deposit the cl 6.5.1 policy with the contract administrator 6.7.2 Maintain works insurance up to date of practical completion 6.9.1 Ensure joint names policy provides for recognition of, or waives any right of subrogation against, any sub-contractor 6.10.1 Take out terrorism cover 6.11.1 Notify the employer if notified that terrorism cover has ceased 6.12.1 Provide evidence of insurance to the employer 6.13.1 Notify the employer of loss or damage to the works or existing structure 6.13.3 Authorise insurers to pay all monies to employer 6.13.4 Restore all damaged work, etc. 6.16 Comply with the Joint Fire Code, and ensure all contractor’s persons comply 6.17 Ensure remedial measures are carried out /6.19 Take out and maintain professional indemnity insurance, and provide evidence that insurance has been effected /6.20 Give notice to employer if cl 6.19 insurance ceases to be available 7.2 Provide the employer with a performance bond or guarantee 7.8 Comply with requirements set out in the contract particulars relating to obtaining sub-contractor warranties with purchasers, tenants/funders or employer 8.5.2 Give the employer notice if it makes any proposal, etc. in relation to insolvency 8.7.2.1 Remove temporary buildings, etc. from the site /8.7.2.2 Provide employer with copies of all design documents 8.7.2.2/8.7.2.3 Assign to the employer the benefit of any agreements to supply materials, etc. or execute work 8.7.5 Pay the employer any balance due 8.12.2/8.12.2.1 Remove temporary buildings, etc. from the site /8.12.2.2 Provide employer with copies of all design documents 8.12.3 Prepare an account or provide employer with documents to prepare an account 9.1 Give serious consideration to a request from the employer to refer a dispute to mediation Schedule 1 Insurance Options A.1 Effect and maintain a joint names policy for ‘All Risks Insurance’ Schedule 2 Named sub-contractors 1 Notify the contract administrator of date it enters into contract with named sub-contractor 2 Notify the contract administrator if unable to enter into contract with named sub-contractor, with particulars 5.3 Enter into contract with named sub-contractor, using ICSub/NAM/A and incorporating the named sub-contract conditions 6 Notify the contract administrator of events likely to lead to termination of a named sub-contractor’s employment Schedule 4 Fluctuations 3.1 Incorporate specified provisions in any sub-contract 4.1 Notify the contract administrator of occurrence of events within reasonable period of time 7 Provide such evidence and computations as the contract administrator or quantity surveyor may reasonably require Schedule 5 Supplemental provisions 1 Work in a collaborative manner 2.1 Endeavour to create a working environment where health and safety is of paramount concern 2.2 Comply with HSE codes, ensure personnel and supply chain has health and safety training and access to advice, ensure that there is proper health and safety consultation 3.2 Provide details of proposed changes 3.3 Negotiate with a view to agreeing consequences of a proposed change 4.2 Provide details of environmental impact 5.2 Provide information necessary to monitor contractor’s performance against indicators 6 Promptly notify the employer of matters likely to give rise to a dispute, meet as soon as possible for good faith negotiations 8 Where the employer is a local or public authority, include specific provisions in any sub-contract and take steps to terminate a sub-contractor’s employment if required to do so by the employer. Note: CDP = contractor’s designed portion

Table 3.2 Key ...

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