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FIDIC Red Book 2017: Engineer’s duties and authority—checklist

FIDIC Red Book 2017: Engineer’s duties and authority—checklist This Checklist outlines some of the Engineer’s duties and authority under the FIDIC Red Book 2017 General Conditions of Contract. See also Practice Note: FIDIC contracts 2017—the role of the Engineer. In relation to the 1999 edition of the Red Book, see Checklist: FIDIC Red Book 1999—Engineer’s duties and authority. • Sub-Clause 1.3 The Engineer’s duty to comply with the Notice requirements when issuing a Notice. • Sub-Clause 1.5 The Engineer’s duty to issue clarification or instruction as to the priority of documents after receiving Notice of ambiguity or discrepancy or finding an ambiguity or discrepancy in the documents. • Sub-Clause 1.8 ◦ The Engineer’s right of access during normal working hours (or as otherwise agreed) to the Contract, the records under Sub-Clause 6.10 [Contractor’s Records] and Sub-Clause 20.2.3 [Contemporary records], the publications named in the Specification, the Contractor’s Documents, the Drawings and Variations, Notices and other communications given under the Contract. ◦ The Engineer’s duty to give Notice of an error...

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FIDIC contracts 2017—design

FIDIC contracts 2017—design This Practice Note looks at the design obligations in the 2017 editions of the FIDIC contracts (Red, Yellow and Silver Books) and considers fitness of purpose and responsibility for the Employer’s Requirements. For a look at the design obligations in the 1999 editions of the Red, Yellow and Silver Books and in the Pink and Gold Books, see Practice Note: FIDIC contracts (pre-2017 editions)—design. Under the Yellow and Silver Books, the design is carried out by the Contractor to comply with the Employer's Requirements which are prepared by or on behalf of the Employer, whereas under the Red Book the design is prepared by or on behalf of the Employer. The design is contained in the following documents: • the specifications and drawings (the Red Book) • the Employer's Requirements and Contractor's proposals (the Yellow Book) • the Employer's Requirements and Tender (the Silver Book) Contractor design obligations under the Red Book FIDIC considers the Red Book to be a 'traditional construction' contract, because...

Flood management and drainage—flood defences

Flood management and drainage—flood defences Background This Practice Note provides a summary of the key legislation, organisations and legal principles to consider when planning, maintaining and demolishing flood defences. It does not cover environmental permitting or planning permission in detail. For further information on permitting, see Practice Notes: Environmental Permitting—flood risk activities and Flooding—flood risk and development. What is a flood defence? Flood defences are structures or features that protect an area from flooding. Examples include, dams, flood barriers, and artificial channels. They can be temporary or permanent. Key flood defence law Key legislation relating to flood defences includes: • Coast Protection Act 1949—this provides coast protection authorities with general powers to execute coast protection work and provides authorities with powers to authorise others to undertake such work • Water Resources Act 1991, ss 165–167 (WRA 1991)—this provides powers for the Environment Agency (EA) and Natural Resources Wales (NRW) to carry out works to address flood risks, including maintenance and improvements • Environment Act 1995, ss 4,...

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Special Conditions: Institution of Chemical Engineers (IChemE) Form of Contract—Lump Sum Contracts, the Red Book, fifth edition (2013)

Special Conditions: Institution of Chemical Engineers (IChemE) Form of Contract—Lump Sum Contracts, the Red Book, fifth edition (2013) Special Conditions: Amendments to the General Conditions of Contract of the Institution of Chemical Engineers (IChemE) Form of Contract—Lump Sum Contracts, the Red Book, fifth edition (2013) Special Conditions The General Conditions in the IChemE Red Book, fifth edition (2013) shall have effect as modified by the following: Agreement Paragraph 8 In paragraph 8, delete ‘6.3’. Paragraph 14 In paragraph 14, after ‘fax number’ add: ‘or email address’. Insert ‘Email Address’ in the contact details section of both the Purchaser and the Contractor. Paragraph 16 Delete paragraph 16 and insert ‘Not used’. 1. Definitions, interpretation, waiver and Notices Sub-clause 1.1 1.1 In the definition of Cost, after ‘properly’ insert ‘, reasonably and necessarily’. In the definition of Legislation, at the end add (including Acts of Parliament and subordinate instruments; orders; rules and/or regulations made thereunder; and/or the rules; regulations and/or bye-laws made by any...

Lease of a rooftop area to an electronic communications operator—new code

Lease of a rooftop area to an electronic communications operator—new code HM Land Registry Prescribed Clauses [ LR1. Date of the lease [date] LR2. Title Number[s] LR2.1 Landlord’s title number [s] [title numbers out of which this lease is granted. Leave blank if not registered] LR2.2 Other title numbers [existing title number(s) against which entries of matters referred to in LR9, LR10, LR11 and LR13 are to be made] LR3. Parties to this lease Landlord [[OPTION 1—insert name of Landlord (not an overseas entity)] [of OR incorporated in England and Wales with company registration number [number] whose registered office is at] [address]OR[OPTION 2—insert name of Landlord (overseas entity)] [incorporated OR formed] in [territory of incorporation/formation] with registration number [number] [and registered at Companies House with company registration number BR[number] ](overseas entity ID [[number] OR not required]) whose registered office is at [address]] Tenant [[OPTION 1—insert name of Tenant (not an overseas entity)] [of OR incorporated...

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Are there any cases in which the courts have considered whether the term 'workmanship' includes an element of design?

Are there any cases in which the courts have considered whether the term 'workmanship' includes an element of design? This Q&A assumes that your query relates to a scenario in which a contractor has been engaged under a ‘traditional’ form of building contract—ie a contract under which it is to provide workmanship and materials, without any express obligation to design any part of the works. There are not any cases in which the courts are aware of which have considered whether the term ‘workmanship’ entails any design responsibility, simply as a matter of contractual interpretation. Broadly, however, there may be three scenarios in which a contractor engaged under a traditional contract may have, or assume, some degree of design liability: Temporary works A contractor will normally have design responsibility for the temporary works that it puts in place, before the final design is prepared by the designers and the permanent works are constructed—unless it is obliged to follow the instructions of a third party regarding the temporary works considered. For...

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Defective Premises Act—Court of Appeal considers if developers are owed a duty (URS v BDW)

Construction analysis: The Court of Appeal (CA) considered three appeals, arising from two decisions, by URS Corporation Ltd (URS), the defendant structural designer, in an ongoing claim by BDW Trading Ltd (BDW), a developer, for defects in residential buildings. The case considered whether a developer can be owed a duty under the Defective Premises Act 1972 (DPA 1972), section 1(1), and whether the claim could be amended to include a claim now available under the retrospective longer limitation period of 30 years for claims under the DPA 1972 under the Limitation Act 1980 (LA 1980) as amended by section 135 of the Building Safety Act 2022 (BSA 2022). The judgment also considered issues related to the ability to seek contribution under the Civil Liability (Contribution) Act 1978 (CL(C)A 1978) where no claim is brought against the party seeking contribution but where there is a liability.

Construction weekly highlights—6 July 2023

This week's edition of Construction weekly highlights includes the announcement of regulations to implement the first phase of the Building Safety Act 2022 (BSA 2022)’s Responsible Actors Scheme (RAS) by the Department for Levelling Up, Housing and Communities (DLUHC), guidance issued by the Home Office on complying with BSA 2022, s 156, a Commercial Court (CC) case considering the extent to which remedial works carried out on a timber roof were covered under the works’ construction all risks (CAR) insurance (Sky UK & Mace v Riverstone Managing Agency), a Technology and Construction Court (TCC) case in which the scope of a limitation of liability clause in a contract was considered (Drax Energy v Wipro) and the Retained EU Law (Revocation and Reform) Act 2023 receiving Royal Assent.