In an NEC contract where design is fully with the Contractor, if the Works Information (CD Pt1) makes reference to a design standard i.e. a British Standard, and the Contractor submits his design, what responsibility, if anything, does the Supervisor have when considering the Design submittal and thus later inspections on site and determining Defects.
Is it acceptable for him to judge Defects against the contractors design submittal even though he may not have the expertise to know if the design falls short of the BS or should he have a full understanding of the British Standard to be able to later notify any Defect in connection with that installed on site?
As I understand it, the responsibility for Defects is that of the Contractor so in this case should not the Contractor be notifying the Defect where the installation falls short of the standard even though it is to his submitted design?
Thanks.
I think there are a few different strands here.
Firstly, acceptance (or non-acceptance) of the Contractor’s design is an action for the Project Manager and acceptance does not remove the Contractor’s responsibility for its design (clause 14.1).
Secondly, there is an obligation on both the Contractor and Supervisor to notify of Defects. As you say the responsibility for Defects remains with the Contractor. If the work is not in accordance with the Works Information then it is a Defect. If the Contractor is aware then it should notify a Defect.
If the Supervisor is raising notifications for matters which are not Defects then this can be resolved through discussion.
Hello Dave
Many thanks for this.
Neil