When you delegate actions as a Project Manager under clause 14.2 do you delegate Clause 10 and Clause 13?
I’ve seen many discussions about delegating duties (actions) for early warnings, instructions, assessments or CE’s etc. but no-one ever discusses delegating the above clauses.
I think these are crucial clauses to delegate as it obligates the individual to act in accordance with the basic principles of the NEC suite of contracts.
I wondered what others’ opinions are on this?
Hi CA, a really good point. I haven’t seen 10.1 or 10.2 mentioned in a letter of delegation before, I’d like to say it’s implied but I know that will not necessarily satisfy everyone.
My view on delegation is that whilst the PM and Supervisor may delegate actions under the contract they cannot delegate responsibility, after all they are the named individuals in the contract and therefore they should ensure that their delegates act as stated and in the spirit of mutual trust, etc.
I think it would be difficult or disingenuous for a delegate to assert that they were not bound by 10.1 & 10.2 just because the clauses were not referred to in the notification of delegation but it is still a very good point and therefore it would be good practise that any notification under 14.2 should expressly impose the obligations.
Happy to discuss.