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Clause 4 The Contractor

The document summarizes key changes to Clause 4 of a construction contract regarding the contractor's obligations. Some of the main changes include more prescribed requirements for the contractor's general obligations and fitness for purpose, the ability to adjust performance security due to variations, expanded responsibilities for the contractor's representative, and allocating more risk to the contractor for access routes and preventing road damage. The article was written by Taner Dedezade, a barrister at an international construction law firm.

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mr jandonian
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230 views2 pages

Clause 4 The Contractor

The document summarizes key changes to Clause 4 of a construction contract regarding the contractor's obligations. Some of the main changes include more prescribed requirements for the contractor's general obligations and fitness for purpose, the ability to adjust performance security due to variations, expanded responsibilities for the contractor's representative, and allocating more risk to the contractor for access routes and preventing road damage. The article was written by Taner Dedezade, a barrister at an international construction law firm.

Uploaded by

mr jandonian
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Clause 4: The Contractor

Written by Taner Dedezade 1

The main changes to Clause 4 are: Management and Compliance Verification


Systems] retain the same character as the 1999
• The requirement in Sub-Clause 4.1 edition but have become enhanced and more
[Contractor’s General Obligations] that the prescribed in the 2017 edition.
fitness for purpose obligation must be defined
in the Employer’s Requirements (and not • As with the 1999 edition, Sub-Clause 4.10 [Use
elsewhere in the Contract) and in the absence of of Site Data] and 4.12 [Unforeseeable Physical
a definition for purpose, the obligation will be Conditions] need to be considered together.
“ordinary purpose”; Important parts of Sub-Clause of 4.10 have
been cut and pasted into a new Sub-Clause 2.5.
• The ability in Sub-Clause 4.2 [Performance There is an increased obligation to give
Security] for the Employer to instruct the information about the effects of climatic
Contractor to increase or decrease the conditions at the Site in Sub-Clause 4.10(b). In
Performance Security in the event of Variations relation to Sub-Clause 4.12 which hinges on the
that result in an accumulative increase or concept of unforeseeability, it should be noted
decrease by more than 20% of the Contract that there has been a change in the timing in
Price. the definition of Unforeseeable. The benchmark
of the ‘date for submission of the Tender’ has
• In Sub-Clause 4.3 [Contractor’s been replaced by the ‘Base Date’ in both the
Representative], the Contractor’s definition of Unforeseeable and in Sub-Clause
Representative shall be responsible for issuing 4.12.5.
and receiving Notices and other
communications under Sub-Clause 1.3. • Sub-Clause 4.15 [Access Routes], allocates more
risk to the Contractor in the 2017 edition as
• In Sub-Clause 4.4 [Subcontractors], it is now now the Contractor must take “all necessary
possible for a percentage to be included in the measures to prevent any road or bridge from
Contract Data setting out the limits of being damaged by the Contractor’s traffic or
subcontracting. by the Contractor’s Personnel”. There is a new
entitlement for a Contractor to claim time and
• Sub-Clause 4.5 [Nominated Subcontractors] money if the extent of non-suitability or non-
has been expanded but restricted to availability of an access route arises as a result
circumstances in which Plant, Materials, works of changes to that access route by the Employer
or services are to be purchased by the or a third party after the Base Date.
Contractor from a nominated subcontractor
under Sub-Clause 13.4(b) [Provisional Sums].

• In Sub-Clause 4.6 [Co-operation], the 2017


edition affords the Contractor a claims
opportunity if it suffers delay and/or incurs
Cost.

• Sub-Clauses 4.7 [Setting Out]; 4.8 [Health and


Safety Obligations] and 4.9 [Quality

1
Taner Dedezade is a Barrister at Corbett & Co. International Construction Lawyers Ltd. He can be contacted at [email protected]

Tel: + 44 (0)20 8614 6200


Fax: + 44 (0)20 8614 6222
Email: [email protected]
1
TheEngineer/TD/2018(1)/4/CLAL www.corbett.co.uk
Article Author
Taner Dedezade 2

Email: [email protected]

2
The contents of this article should not be treated as legal advice. Please
contact the lawyers at Corbett & Co before acting on or relying upon
anything stated in this article.

Tel: + 44 (0)20 8614 6200


Fax: + 44 (0)20 8614 6222
Email: [email protected]
2
TheEngineer/TD/2018(1)/4/CLAL www.corbett.co.uk

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