Civil Engineering Project Management (4th Edition)

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17.16 Arbitration Under the ICE conditions, Clause 66, either the employer or contractor can serve a Notice of Dissatisfaction on the engineer stating the nature of the matter objected to. The engineer has to give his decision on this matter within one month and, if either party is dissatisfied with it, they can issue a Notice of Dispute. The purpose of this procedure is to eliminate matters which can be resolved early by the engineer and to define any remaining dispute. A dispute thus established can be resolved by ADR, adjudication, or arbitration. Although arbitration may seem a reasonable way of finally settling a dispute, it has disadvantages. It may take months to find an arbitrator both parties can agree to and who is willing and able to act. Both parties may decide to employ a lawyer to present their case because the dispute involves interpretation of the terms of the contract. Also one party may need to employ the engineer to act as witness, because the dispute also relates to the facts of the case, which lie in records kept by the engineer. If the employer is disputing the engineer’s decision, this puts him and the engineer in a difficult position because the contractor may wish to employ the engineer as his witness, but the engineer may still be acting as engineer under the contract for ongoing work, and he can sometimes be an employee of the employer. The lawyers who present the case for each disputant, although chosen for their experience of building contract disputes, may still fail to understand or make use of significant technical data having a bearing on the dispute. They may raise issues not previously in dispute, and use legal arguments concerning the contract, which the disputants feel are not relevant to the real matters of concern. Hence the outcome of an arbitration is uncertain and can be different from what either of the parties expected. 17.17 Minimizing claims and disputes Variations and claims 223 The key precautions which can be taken to minimize claims and disputes are: (a) adequate site investigations; (b) checking that the works designed satisfy the employer’s needs and make reasonable provision for his possible future requirements; (c) completing all design drawings, specifications, and arrangements for incorporation of equipment purchased separately, before tenders for construction are sought. Under (b) the aim is to minimize changes during construction. Some may be unavoidable if the employer needs alterations due to some new regulation applying, or if his needs change due to something outside his control. But often his possible (but uncertain) changes of need can be catered for cheaply by
224 Civil Engineering Project Management incorporating a degree of flexibility in the design by providing extra space for additional equipment or runs of services. Under (c) the construction contractor will see he has been given full details of what is required at the outset, reducing the likelihood of having to face additions and alterations during construction. This can encourage him to expect fast construction, which reducing his costs, enables him to submit his lowest price. Thus any extra time needed to ensure drawings and specifications are complete can be well spent. To ensure designs are complete, the designers will need to ascertain the requirements of all specialist suppliers and contractors involved, such as the suppliers of mechanical and electrical plant, cladding, windows, cranes, lifts, heating and ventilating equipment. For major mechanical and electrical plant it is best for the employer to let separate contracts for their supply and erection, so they come under direct control of the designer as described in Sections 2.4(d) and 5.6.
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Civil Engineering Project Managemen
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Civil Engineering Project Managemen
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Contents Preface xiii Acknowledgeme
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Contents vii 4.3 Conditions publish
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Contents ix 10.3 The Health and Saf
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Contents xi 15.4 Problems with clas
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Preface Most civil engineering cons
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1 The development of construction p
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The great majority of all civil eng
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and takes over ownership of them at
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The development of construction pro
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supported by the DETR’s 7 Constru
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advantage is that a contractor who
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civil engineering, incorrect or ins
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The development of construction pro
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2 Procedures for design and constru
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2.3 Options for design The followin
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utilities in the UK continued to us
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Some plant suppliers, however, will
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• The promoter may need to employ
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given period of a year or longer. T
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3 Payment arrangements, risks and p
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(c) Lump sum contracts Payment arra
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inflation of prices after he has te
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Payment arrangements, risks and pro
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Payment arrangements, risks and pro
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if not, to make some deletion to re
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Contract conditions used for civil
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D&C contracts are often used when t
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4.3 Conditions published by the Int
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authorities. A range of standard fo
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Contract conditions used for civil
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5.2 Roles of the key participants i
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Preparing contract documents 53 the
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Preparing contract documents 55 mat
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work. Some methods may need to be s
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personnel may also be included. Thi
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Preparing contract documents 61 hen
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Preparing contract documents 63 ‘
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invited to bid for the project. Con
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Tendering 67 If pre-qualification i
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construction, so that they can plan
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e avoided because they can provide
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corrected. Where this results in an
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6.8 Choosing a tender Tendering 75
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Tendering 77 • an intent that the
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Appendix: UK Regulations UK Statuto
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execution of the contract, but he d
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of formwork carpenters, steel erect
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The contractor’s site organizatio
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The contractor’s site organizatio
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8.1 Introduction 8 The employer and
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8.3 A note on alternative provision
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further drawings the contractor nee
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(see References 5 and 6). But under
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The resident engineer’s duties 97
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need to go carefully at first so th
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10 Health and safety regulations 10
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Health and safety regulations 109 N
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10.5 Training As part of the drive
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should be evaluated. This is a new
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10.9 The Construction (Health, Safe
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Health and safety regulations 117 C
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enable first aid to be given to emp
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• The programme for construction
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• rainfall and runoff data; • d
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Starting the construction work 125
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Starting the construction work 127
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12.2 Levelling Site surveys, invest
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each floor. Alternatively an optica
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instance, it will have to be starte
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Percussion drilling Site surveys, i
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For grading analyses of soils 4. A
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Site surveys, investigations and la
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Contract state that the employer wi
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The drainage of clay or clay and si
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General files (Series 1-9) The resi
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If an instruction does not vary the
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The resident engineer’s office re
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13.8 Authorization of dayworks The
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with the engineer. If the decision
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Fig. 13.7. A page of a pipe stock b
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in red on a copy of the contract dr
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14 Programme and progress charts 14
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how any consequential delay to the
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Description EXC. & filling soil str
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Programme and progress charts 171 d
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Page 192 and 193: Table 14.1 Estimated Final Cost of
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Page 212 and 213: Interim monthly payments 197 28 day
Page 214 and 215: Interim monthly payments 199 paid t
Page 216 and 217: Interim monthly payments 201 into d
Page 218 and 219: or for which contractual dates for
Page 220 and 221: Interim monthly payments 205 the co
Page 222 and 223: Variations and claims 207 reaching
Page 224 and 225: Variations and claims 209 Extensive
Page 226 and 227: The problem of setting rates for ne
Page 228 and 229: Variations and claims 213 that the
Page 230 and 231: costs. The problem is that borings
Page 232 and 233: 17.10 Delay claims Variations and c
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Page 240 and 241: 18 Earthworks and pipelines 18.1 Ex
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Page 244 and 245: match the timing of empty vehicles
Page 246 and 247: are then more clearly revealed. The
Page 248 and 249: minimum rise or fall. The preferred
Page 250 and 251: Earthworks and pipelines 235 The cr
Page 252 and 253: Table 19.1 Site concreting and rein
Page 256 and 257: Site concreting and reinforcement 2
Page 266 and 267: eason, the contractor has to take s
Page 272 and 273: Acceptance of tender 76 ACE (Assn.
Page 274 and 275: Design options 24 et seq. Design an
Page 276 and 277: One stop shop 15 Opening tenders 71
Page 278 and 279: Time schedule of key dates 168 Tran
Page 280 and 281: Plate 2a. An early use of a large t
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Plate 10a. It is almost universal t
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Plate 12a. On any job not properly
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Plate 14a. The typical fluidity of
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Plate 16a. If reinforcement is not
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