Ingenieur April-June 2016 Ingenieur Apr-June 2016 | Page 76

ENGINEERING & LAW INGENIEUR METHOD STATEMENTS By Ir. Harbans Singh K.S. P.E., C. Eng., Advocate and Solicitor (Non-Practicing) General Position It is becoming common practice for contractors1 to be required to submit ‘Method Statements’2 before commencing either the overall works or particular aspects of the works. This requirement is contained usually in the conditions of contract itself or if not, in the preliminaries or even the specification proper. Whilst the purpose of requiring the same from the contractor was initially proper, over the years it has been abused even to the extent that such a bureaucratic requirement has to be fulfilled for even minor aspects of the contract before the contract can proceed with its works. The consequences being, added paperwork and general delay to the progress of the works. Be that as it may, the requirement for the submission and approval of ‘Method Statements’ has become a mandatory pre-condition for the execution of works in most engineering/ construction contracts. Definitions As to what constitutes a ‘Method Statement’ depends on the particular meaning ascribed to it by the authorities or the specific contract being executed. For instance, the JKR Sarawak Form of Contract 2006, vide Clause 14.1(b) requires the method statement to ‘describe the arrangement, sequence and method of construction of works including Temporary Works’. A more elaborate definition is provided by The SCL Protocol (2004 Edn)3 in the following fashion: A written description of the Contractor’s proposed manner of carrying out the works or parts thereof, setting out the assumptions underlying the programme, the reasoning 1 2 3 6 74 Also Sub-Contractors. Synonymous with the term ‘method of working’. Appendix A p 60. VOL - MARCH 2016 VOL65 55JANUARY JUNE 2013 behind the approach to the various phases of construction and listing all the work encapsulated in the programme activities. It may also contain the activity duration calculations and details of key resources and gang strengths. Chow Kok Fong in the Construction Contracts Dictionary4 defines a ‘method statement’ as: The term refers to the sequence and manner by which construction activities are undertaken on site. Under most construction contracts, the contractor retains control of site operations and the choice of methods of working … A slightly different meaning is proffered by the Dictionary of Construction Terms5 as follows: A written account produced by the Contractor describing the steps by which a particular activity is to be carried out or work performed … It can be noted that although the above-mentioned definitions do differ in the form of the terminology employed, they are essentially similar in their core requirements vis-à-vis what should constitute a ‘Method Statement’. Express Contractual Provisions The majority of the local standard forms of conditions of contract incorporate express provisions in regard to Method Statements; these being: ●● 4 5 Clause 12.1(b) JKR Forms 203 & 203A (Rev 1/2010) and Clause 13.5(a)(ii) PWD Form DB (Rev 1/2010) which reads: At p 249. By Fenwick Elliot LLP, p 175.