T017 Roles & Responsibilities of parties

CLIENT
1. UNDER ANY PROJECT
  1. Land and Funding
    1. Securing an appropriate site and confirming ownership rights
    2. Ensuring the necessary services, access and transport links
    3. Releasing capital, securing loans or attracting the necessary investment to finance the whole project
    4. Obtaining guarantees from future beneficiaries
  2. Appointments
    1. Assessing the qualifications, experience and overall competency of the Architect, Designer(s), Principal Contractor and CDM Co-ordinator (when appropriate) as part of the appointment process.
    2. Checking the appointees have the necessary resources to complete the task(s) expected of them
    3. Confirming there are suitable management arrangements in place to ensure the safe and timely delivery of the project
  3. Project Design
    1. Establishing the project brief and overall objectives
    2. Setting out the project parameters and constraints
    3. Entering a contract with specialist designers and/or engineers
    4. Providing pre-construction information to designers, engineers and contractors
    5. Providing information for the Health and Safety File
    6. Paying the fees associated with securing Planning Permission and Building Regulations approval
  4. Tender
    1. Allowing the necessary time for project delivery
    2. Agreeing the Form of Contract that will deliver the project and its objectives within the established parameters
    3. Agreeing the procurement strategy in terms of tendering process, potential contractors, designers and timescale
  5. Contract
    1. Entering into a contract with the Designers, Principal Contractor and any suppliers nominated through the contract
    2. Obtaining the necessary street works licences (when appropriate) and paying the associated fees
    3. Meeting the costs of bridge strengthening/road repairs necessary for the transport to site of articles intended for incorporation into the Permanent Works or temporary works designed by the Architect or Engineer
  6. Site Organisation
    1. Ensuring there are sufficient welfare facilities in place for all persons on site including contractors and workers directly engaged by the client or authorised authorities carrying out work in connection with the site
  7. Project Construction
    1. Preventing the commencement of any works before the Construction Phase Plan is in place
    2. Providing insurance(s) for the Works, Third Party risks etc. when the Contractor has failed to do so
    3. Ensuring the Contractor has the right of access to the site, the individual parts as access is required or other places where access is necessary for providing services to the project or its construction processes
  8. Project Expenditure
    1. Paying to the Contractor(s) the amounts certified by the managing Architect or Engineer
    2. Repaying notices and fees required by Act of Parliament or Bye-law
    3. Paying for damage to persons and property due to Excepted Risks and Exceptions
    4. Paying the costs of materials, products, services etc. purchased or commissioned separate to the Contract
  9. testing & commisioning
    1. Accepting ownership / stewardship and liability subject to any contractual warranty
JCT CA & EA
1. Overall
  1. Administers the contract and attempts to assure the contract sum by ensuring that the contractor complies with its instructions
  2. Has wider powers when acting as employer's agent
  3. In certain instances, contractual provisions can be subject to 'fair and reasonable' assessment
2. Quality Control
  1. Issues timely information relating to set out and any other pre-agreed information as and when required.
3. Variations
  1. Issues instructions/variations to overcome discrepancies and/or changes in scope of works
  2. Issues notices in respect of remedying discrepancies between contract documents (clauses 2.13-2.18)
4. Time and Money
  1. Certifies sums due
  2. Assesses delay and grants time and cost relief according to prescribed provisions but subject to overriding power to grant time relief as is fair and reasonable immediately following practical completion
  3. Issues extensions of time which it considers fair and reasonable and reaches a decision as soon as reasonably practical (clause 2.28.2)
  4. Considers with the QS, if employed, all interim valuations, claims for variations and loss/expense resulting and issue payment certificates as appropriate
5. Practical completion and snagging
  1. Determines when practical completion achieved and issues notices of non-completion, defects and can allow early possession
  2. Issues practical completion certificate or sectional completion certificates (clauses 2.30-2.32) or a non-completion certificate (clause 2.31)
  3. After practical completion, immediately considers the overall position on extensions of time and exercises discretion as to whether any further adjustment to time should be made
PM (ECC)
1. Overall
  1. Performs proactive administration requiring skilled judgement
  2. Collaborative role with the employer and contractor including prescribed communication routes
  3. Acts in a spirit of mutual trust and co-operation with the employer, contractor and supervisor (condition 10.1)
2. Quality Control
  1. Acts as gatekeeper to contractor's design and programme forming part of the contract and use of sub-contractors. Considering and accepting the contractor's design if any (conditions 21-23), any sub-contractors (condition 26) and the proposed programme (condition 31)
  2. Replies within the period for reply to any communication submitted to it by the contractor
  3. Issues certificates to the employer and contractor
  4. Operates the early warning mechanism by notifying the contractor of any increase, delay or impairment to performance, entering such instances in the risk register, attending risk reduction meetings and making decisions and finding solutions with others to overcome those risks (condition 16)
  5. Issues instructions dealing with acts of prevention (condition 19)
3. Variations
  1. Issues instructions relating to changes in scope and completion date
  2. Actively monitors by means of an early warning mechanism for any change to scope, price, timings or impairment of performance
4. Time and Money
  1. Certifies sums due
  2. Decides the date of completion and certifying completion (condition 30)
  3. Notifies the contractor of the outcome for any claim for a compensation event and requests quotations for any proposed instruction or changed decision
  4. Assesses the additional cost of the contractor not achieving a key date (condition 25.3)
  5. Considers compensation events, their value and instructing their implementation (conditions 60-65)
5. Practical completion and snagging
  1. Determines when practical completion achieved
  2. Assesses defects and their value (conditions 40-45).
CONTRACTOR
SUB-CONTRACTOR
ENGINEER (FIDIC/ICE)
1. The eng is the clients agent + in traditional forms of contract is considered 2 b the leader of the bdg team
2. seen as LEAD DESIGNER
3. DUTIES
  1. Advise the emp
  2. Instructions 2 contractor
  3. info 2 MC
  4. QS functions
QS (JCT)
1. The quantity surveyor is named in Article 4. The principal responsibility of the quantity surveyor is to value the work undertaken by the contractor to enable the architect/contract administrator to prepare interim certificates (clause 4.10.2 in 2011, clause 4.11 in 2005 version).
2. to value any loss and/or expense suffered by the contractor under clauses 4.23, if so instructed by the architect/contract administrator;
3. to prepare a statement setting out the final adjustment to the contract sum (clause 4.5);
4. to prepare a statement showing the amount of retention deducted from an interim certificate, if so instructed by the architect/contract administrator (clauses 4.18 – 4.19); and
5. to value work pursuant to variations or the expenditure of provisional sums, where necessary (clause 5.2).

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