2022-05-15（241）Engineering law a

2. “WITHIN 21 DAYS AFTER THE ACCEPTANCE OF HIS TENDER THE CONTRACTOR SHALL SUBMIT…A PROGRAMME SHOWING THE ORDER OF PROCEDURE”. This is a useful requirement to ensure that the engineer will have a programme from the contractor at an early stage. A prudent engineer will already have obtained an outline programme with the tender (for reasons discussed on p. 441).

“order of procedure” is a quaint phrase retained from the 4th edition. The programme must certainly show the sequence of operations and, it is suggested, the duration of each operation. This clause may be amplified by special conditions requiring, e.g., network analyses.

There is a discussion of “Programmemanship” in relation to claims in ch. 17.

3. THE CONTRACTOR TO FURNISH “FURTHER DETAILS AND INFORMATION AS THE ENGINEER MAY REASONABLY REQUIRE”. If the engineer’s requirements are unreasonable the contractor may refuse to supply the information, and if he complies may be entitled to extra payment (p. 194, N. 4).

4. THE CONTRACTOR TO PROVIDE IN WRITING “A GENERALDESCRIPTION OF THE ARRANGEMENTS AND METHODS OF CONSTRUCTION”. These words are extremely imprecise, perhaps necessarily so. The operative words are “general description”. Unfortunately the engineer is given a right to the information once only, not to revised and up-to-date or further information as in the case of the programme itself.

It may be vitally important for the engineer to obtain as much information as he can as soon as he can, because under cl. 13 the contractor has a right to compensation if the engineer’s instructions or directions disrupt his “arrangements or methods of construction”, words which are identical to the words from this clause quoted at the head of this note. The engineer may be able to deal with improper or exaggerated claims under cl. 13 if he obtained full details from the contractor under this clause at an early stage.

Conversely, the fact that they were disclosed at an early stage may help the contractor to establish a claim for later disruption of his arrangements.

The problem of information, in relation to claims, is discussed fully in ch. 17.