MODULE-III

• Duties and liabilities of contractor:- The contract sets out the

duties and liabilities of the contractor right from the stage of
awarding of contract till its completion and passing of defect
liability period.
• These are discussed under the following heads
• PART-1. Administrative and organization
• PART.2. Execution of the work
• PART-1. Administrative and organization :-
• 1. Visit the site prior to the tendering, he can realize the
difficulties well in advance. Study of motorable roads, study of
soil condition, and study of nearby buildings etc.
• 2. To submit performance bond:- The performance bond
shall consist of security deposit. It is not be more than 5% of
the value of the contact.
• 3. field organisation and equipments
• a. Supply all necessary plants, equipments, tool for execution
of work.
• b. Provide office accommodation on site.
• c. Employ his own watchman for work.
• d. Construct shed for safe storage of materials
• e. construct necessary sanitary convenience on the site for its
staff and workmen.
• 4. Statutory obligations, notice, fees, charges, royalties and
patient right.
• It is the duty of the contractor to give all notice relating to the
work to all authorities. The contractor is required to pay fees
or charges legally demandable in respect of the work.
• 5. Licenses and permit
• The contactor to obtain licenses and permits for controlled
materials.
• 6. Progress chart
• Submit progress chart for the approval of architect. It must
show expected date of commencement and completion of the
work
• 7. Water connection for the work
• Contractor to make his own arrangement for water source for
construction purpose also make sure the quality of the water
( water connections, or digging well etc)
• 8. Assignment and subletting
• Assignment or subletting of the work is prohibited without
written consent of the architect. Assignment means passing
the complete contract to sub contractor.
• 9. Other obligations
• a. No child labor under 14 years of age be employed.
• b. To safeguard small children of female labour employed on
work.
• c. Trees and shrubs to be protected as may be directed by
architect.
• d. All fossils, antiquities and other objects of interest or value
to be carefully taken out handed over to the employer.
• e. To protect the work as well as structure existing on site
from all dangers or accidents, and to handover the work in a
fit condition for the use of the satisfaction of the architect.

• There are certain implied duties and liabilities from which the
contractor can not escape.
• 1. The contactor can not recover any payment for the works
executed if the contact is an entire contact.
• 2. The design also includes the correct choice of materials and
good workmanship and as such a limited liability of the design
rests on the contractor also.
• 3.The owner when he employs a contractor relies on his
knowledge , skill, judgment, honesty etc and thus there is an
implied warranty by the contractor for the works.
• 4. If the contactor suggest an alternative building material an
implied warranty is there, that he will be responsible for it ,
even though the same has approved by the owner.
• 5. There is implied liability for the safety of the adjoining
building when exciting the work.
• 6.The contractor has no implied or expressed authority to vary
the work even under the instruction from the owner without
the proper consultation of the architect.
• 7. At times after the contact for the item rate has been
executed and the owner decided to supply the materials. Under
such circumstance the contract can be discharged on the
ground of impossible performance. The contactor entitled for
the loss of profit.
• Duties and liabilities of Architect:-
• The contract document will show the duties and liabilities of
architect.
• 1. To act as employers representative during construction
period.
• 2.Periodically visit the site to find out the progress and quality
of the work.
• 3. To keep informed the employer about the progress of the
work.
• 4. To guard the employer against defects and deficiencies in
the work.
• 5. To condemn the work which is not as per contract
document
• 6. To act within the contract.
• 7. To stop the work as may be necessary
• 8. To fair interpreter of the contract and the contractor and
employer discharge their respective obligations under the
contract.
• 9. To give decision in all matters with the contract, work, claims
etc.
• 10. To issue further drawings, details, written instructions,
directions and explanations from time to time as may be
necessary for:
• a. Variation and modifications of design
• b. Quality, Quantity, addition, omissions or substitution of any
work.
• c. Any discrepancy in or divergence between drawings and or
specifications.
• d. Removal and or execution of defective or improper work.
• e. Dismissal from work any person who employed by the
contractor who is incompetent or misconducts himself.
• f. opening up for inspection of any work covered.
• g. Removal of any material on the site and substitution of any
other material therefore.
• h. Assignments and subletting.
• i. Delay and extension of time.
• j. Postponement of any work to be executed under the
provision of the contract.
• The Architect is not responsible for the contractors' failure to
carry out the work as per the contract drawings.
• Duties of architect on Determination
• a. to prepare accurate records of the condition of the work at
the relevant date.
• b. To prepare drawings and specifications showing the work
executed.
• d. Client should be advised to take number of photographs of
the incomplete work.
• Additional duties and liabilities.
• a. Inquiries about the site.
• b. Soil condition of the plot :- it is necessary for the architect
or the engineer to check the soil condition before the
foundation is laid down.
• c. Plan and specification:- The architect required to prepare
the drawings in accordance with instructions of their clients
and comply with all the rules and regulations of local
authority. It is the duty of the architect to provide drawings to
the contractor in time, if drawings are not provide in time the
architect is liable for breach of contract.
Specifications should be clear and without any ambiguity. It
specify the type of materials, and their proportion, the kind of
labour required and method of execution etc. he can not
replace one material with another without the express
authority from his client.
• d. Estimate of the work:- 1. to have full knowledge of the
clients requirements
• 2. Careful working and comparing the estimate with the cost
of the works already executed.
• 3. Making sure that the rates quoted by the contractor are fair
and reasonable.
• e. Tender:- the tender has to invite for the work a reasonable
time from the date of receiving instruction from the client.
• The delay may cause 1. site may be acquired for public
purpose. 2. site effected by proposed road. 3. rise in the price
of materials and labour.
• Supervision.:- It is the duty of architect to give proper and
necessary supervision on the work and issue all details from
time to time. Right from the stage of soil investigation till the
building is complete the architect is responsible for the work
and materials used and ensured that the work is being
executed within the meaning of contract.
• Defects:- two kind s of defects
• 1. patent defects :- the defects that are identified before the
issue of the final certificate.
• 2. latent defects:- The defects that have been identified after
the issue of the final certificate. For latent defects of design
and the specifications the contractor is not liable to the
employer, but architect is liable to his client if it can be proved
that there was a negligence or incompetence on the part of
architect.
• Architects Liability to the Contractor.
• 1. Architect cannot incur any personal liability to the
contractor
• 2. The architect is not bound for losses to the contractor for
his action.
• 3. Contractor cannot take any action against the architect for
certifying less interim payments than that are due.
• 4.When architect exceeds his authority, he will be liable for
damages.
• 5. The defects in the drawings, specifications or qualities, the
architect owes no responsibility to the contractor.
• 6. The architect is not a party in the building contact
• Express and Implied Authority of Architect.:- The authorities
are two types
• 1. Express Authority
• 2. Implied Authority
• Expressed Authority:- The express authority is clearly
indicated in the building contact from which the architect has
to seek his line of action and the same sets out the liabilities
to his duty and authority.
• Express authority under contract
• 1. The architect has the authority to vary and modify but not
to change the whole of the original scheme.
• 2.He can change the quantity and quality of the work but he
has no right to change the specification of the work.
• 3. he can add or omit and substitute any work within
reasonable limit.
• 4. He has authority to removal of defective materials from the
site
• 5. He has authority to order the removal and re- execution of
the defective works
• 6. Dismissal from the work of any person employed by the
contactor
• 7. He has authority in certifying part payment from time to
time as per the terms of the contractor and to issue final
certificate at the proper time.
• Implied Authority:- The implied authority is ascertained from
the ambiguities , omissions and defects in the building
contract.
• 1. He has no implied authority when there are omissions from
the drawings to order those omissions as extra or as extra
works.
• 2. he has no implied authority to obtain tender
• 3. he can not enter into a contract with the contactor on behalf
of the owner
• 4. No implied authority to make such changes in the drawings
which would destroy the original scheme.
• 5. he has the implied authority to supply to the contractor such
details as are not shown on the original drawings.
• 7. He can not engage the service of a specialist under the
implied authority.
• 8. he can not vary the building contract
• 9. he can not give verbal orders when the contract specifies the
same to be given in writing.
• 10.He can not commit to the sub-contractor on behalf of the
owner.
• 11. he has no implied authority to make arrangement with
adjoining owners which will effect the right of the client.
• Legal Responsibilities of Architect to Employer and Statutory
Bodies:-
• 1. Get the plan approved from the relevant authorities.
• 2. Design and execute the works as per building Rules and
regulations.
• 3. Give notice about commencement of work and submit
completion certificate.
• 4. refrain from executing unauthorized works, and evenif the
owner insists upon the same.
• Duration of Liability:- The liability of the architect expire after
two years from the date of completion of the relevant part of
the work.

• Employ’s duties and Liabilities:-

• 1. To appoint architect , engineer, surveyor and other
consultants and to pay their professional fees.

• 2. To give instruction to the architect about his requirements

of the project.

• 3.To enter into contract to the contactor.

• 4. To give possession of the site to the contractor.

• 5. To make necessary payments to the contractor as may be

certified by the architect.

• 6.Not to interfere with the progress of the work not to issue

orders for extra work.

• 7. To supply materials and appointment specialist, sub-

contractors, based on the provisions under the contract.

• 8. To see that the contactor is supplied with plans and other

details in time.
• Clerk of Work:-
• The ‘clerk of work’ employed by architect on a
construction site. The role is primarily to represent the
interest of the client in regard to ensuring the quality
of materials and workmanship. He must be loyal and
honest to both the architect and client and must
possess a sound judgment and good skill to that works
can be executed in the best possible manner. He is
paid by client.
• He must be furnished by one set of drawings, contract
copy and specifications. All instructions to him must
be given in writing by the architect. The contractor is
to give him all reasonable facilities.
• Engineer in Charge.
• Contractor appoint a full time supervisor as his representative
on site known as Engineer in charge. He must be a competent
person, experienced in the building line and with a sweet
temper.
• His duty to supervise the works on behalf of the contractor,
and see that the works are executed strictly according to the
drawings. Any variations or extras that should be brought to
the notice of the architect for his consideration.
• Duties of Engineer- in -Charge:
• 1.To plan the proper execution of the work on behalf of the
contractor.
• 2. To set out the works and give proper directions for
execution.
• 3. To see that adequate supply of materials is maintained at
the site
• 4. To check the quantam of the works by the skilled and semi-
skilled workers.
• 5. To control over the labour.
• 6. To keep a systematic records of works and presented to
contractor.
• 7. Discussion with architect to carry out the work.
• 8. To prepare a intent of materials required for the execution
of the works
• 9. To take joint measurements of the works executed with the
clerk of works.
• Resident Engineer:- He is an engineer employed for the
supervision of large works. He stays on the site and is given
wide powers more than those of Clerk of Work but the
powers are limited. The decisions of the resident engineer
has no legal force unless approved by the architect. His duties
are more or less of Clerk of Works.
• Nominated Sub-contractor.:-
• For specialized jobs in building construction like lift
installation, air conditioning, electrifications, piling works etc
it is to have sub-contractors , placed under the main
contractor to coordinate various activities in building
construction. The contractor submit a list of sub-contractor
for selection .
• The status of sub-contractor creates duties and liabilities for
• 1.Satisfactory execution of the work
• 2. The nominated contractor will be bound to the main
contractor for the same liability and obligations under the
contract.
• 3. The main contractor to pay to the sub-contractor as the
amount certified by architect within 14 days.
4. The right of architect or his representative to visit the
workshop and other places of nominated sub-contractor.
5. The work has to be completed within the specified time limit.
6. The sub-contractor liable to pay liquidated damages to the
main contactor if found to be liable.
7. The retention fund also to be deducted from the sub-
contractors running bill.
8. Certain circumstances the sub-contractor has right to receive
payment directly from the employer.
9. The architect can certify payment for sub-contractor.
10. While giving orders for variations, the architect acts as the
agent of the main contactor.
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