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    CHEN Yuan
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    18. Different Parties in Civil Engineering Contracts

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    14 views7 pages

    Different Parties in Civil Engineering Contracts

    Uploaded by

    CHEN Yuan

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 7
    ple: Dire Parts n Chl ginering Coro ‘Topic: Different Parties in Civil Engineering Contracts 1 Can you introduce different parties ina public works contract? Employer: ‘Pursuant to the General Conditions of Contrct for Civil Engineering Works (GCC) Clause 1(1), the “Employer” means the Hong Kong Special Administrative Region Government. ‘Usually, the Government departments are responsible for the awand and ‘administration ofthe Contract would be the Employer ofthe Contract, ‘Works group departments include Architectural Servios Department, Civil Engineering and Development Department, Drainage Services Department, Water Supplies Department, Highways Department and Electrical and ‘Mechanical Services Department. ‘The Employer should provide the Contractor the lands and other places in ‘which the Works are to be constructed for the purpose of the exeextion of the Works. ‘Throughout the progress of the Contract, the Employer should effect ‘payment tothe Contractor. ‘The Employer should have a consultancy agreement with the Engineer for ‘the Contract and a construction contract with the Contractor. Engineer: ‘When a Contract is entered between the Employer and the Contractor, an Engincer is appointed by «ho Employer toadmisisisdbe Contech “The “Engineer” is defined in GCC Clause 1(1) 98 “the person, company or firm appointed from time to time by the Employer and notified in writing to the Contractor to acta the Engineer forthe purposes ofthe Contract. ‘The person named or authorized may be described by name or as the holder {or the time being ofa public office. For government contracts, Chief Engineer or above may be named as the Engineer for the in-house projects, while Pariner‘in-charge in consultants’ ems will serve such role for projects undertaken by them, ‘They are the Employer's representatives and are responsible for preparing the design and drawings for the Works and subsequent administration of the Contracts. ‘While the Engineer is employed by the Employer, and is bound to protect the clients interes, he i alo required to at professionally in an impartial role to make fair and reasonable decision, ‘op: Diee Pats Ch tering Cora = The role, fimetions, duties, powersauthority and limitations of the designated “Engineer” in civil engineering contracts are specified in the contract documents between the Employer andthe Contractor. = Specific rights and responsibilities of the Engineer, who is @ consultancy “organisation, ate detailed inthe Consultaney Agreement between the Client ‘and Consult = These functions and responsibilities include the design of the permanent ‘works, documentation of the design and preparation and issue of tender documents. = They would also include tender evaluation to select the Contractor, contract ‘management and site supervision. + To avoid confusion of the design, itis useful to have same consultant undertaking these functions = Contact management refers to the “running” of the constuction contract — once awarded toa Contractor and signed with the Client. + The Engineer manages this Contract on behalf of the Employer, and is usually empowered to make most decisions, except where substantial extra cost or delays ar involved. + Theroles and duties ofthe Engineer would therefore include: supeeViSiHgOP oth -noodd/laimed and liquidated damages; evaluating vations tothe Woks; issuseerifcats (completion cerifiate, maintenance certificate and payment certificates) of the: Works/ adjudication of dispute in the first instanoe = However, the role of the Engineer in adjudication dispute has been questioned, since the Engineer's sta may have been involved inthe dispute themselves. = As representatives ofthe Employer and being paid by the Employer itis offen asked how the Enginer could remain impartial = The min answer (Counter-arguments to this) is tbused on the professionalism of the'Engineer andthe standardized procedures that may - beused, Engineers Representative: = The definition of the Engineer's Representative (ER) is given in GCC Clause (1). = He should be “any person or persons appointed from time to time by the y ‘Topl:Diferet Pate in Cl Exner Corse Engineer and noted in wing to the Contractor to perform the duties set {orth in Clause 22), The person appointed may’ be described by name or a the holder forthe time being ofa public office. ‘As sate in Clauses 22, the ER's duties include thre areas namely: (a) t0 ‘watch and inspect the Works: (0) o test and examine any material tbe ‘wed and workmanship; (0) to cary out such duties and exercise such powers vested in the Engineer in accordance with the provisions of Cause 20, FER, usualy slates to work that require close attention Site, day-to-day

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