10 BUSINESS AND TRAINING
OH & SA agent : Non-compliance with OH & SA-CR 14 specification / implementation of H & S safety plan PA / CA : Notice to MC of non-compliance – potential breach of contract
Failing contracts – possible early warning signs noted during further progress meetings : Contractor : Substantial delays ; late / no deliveries of materials / subcontractors ; no / late payment ? Employer : Consider options – support contractor ? or permit assignment ; termination ? Consultants : Poor quality of documentation ; contract and change management ( minutes ); issue instructions ; erratic attendance at site meetings OH & SA agent : Non-compliance with OH & SA-CR 14 specification / implementation of H & S safety plan PA / CA : Notice to MC of non-compliance – potential breach of contract
Failing contracts – possible early warning signs noted during ‘ crisis ’ progress meetings : Contractor : a . consider voluntary business rescue b . consider a ‘ joint venture ’ or a ‘ cession ’ ( retain responsibility , work done by others ) c . consider ‘ assignment ’ ( relinquish contractual rights and obligations to another ) d . agree to the appointment of contractor two ( assignment ) e . agree to the termination
In all options – secure the site , protect works from damage / theft . Subcontractor termination – final accounts – reappointment ?
“ In all options – secure the site , protect works from damage / theft .”
Employer : Consider options to support the contractor : a . make direct payments to suppliers / subcontractors , b . permit cession of the remainder of the contract , c . call-up guarantees , d . permit assignment , e . termination , f . enforce the stipulated penalty .
CA / Consultants : Status Report – works completed satisfactorily , poor quality , incomplete ; forward to employer product warranties or commissioning results or operating instructions ; final account contractor one – issue interim until final payment certificate ( s ); appointment contractor 2 – construction documentation ( minutes ); briefing contractor 2 – compulsory attendance at site meetings ; CA / Consultants in the mentoring role – fees ?
During work stage 6 : Employer : Responsible for building insurance and all other owner ’ s obligations , obtaining the occupation certificate from the local authority . Agree to MC ’ s final account with PA / CA , pay the final payment certificate Contractor ( s ): Possession of the site is relinquished by the MC to the employer , the latent defects liability period ends five years from the date of final completion Constr . Project Manager / PA / CA : Compile and issue the project maintenance manual including health and safety file Principal Consultant : Confirm receipt of applicable product and workmanship guarantees ‘ Expert ’ consultants : Confirm receipt of product commissioning and tests and operating manuals
Conclusion : Follow the procedures in the standard form contract used . PA
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