2022-05-14（240）Engineering law a

1. INFORMATION TO BE FURNISHED BY THE CONTRACTOR TO THE ENGINEER, according to requirements distributed throughout this clause, may be summarised as follows:

(a) Within 21 days after acceptance of the tender a programme showing the order of procedure in which the contractor proposes to carry out the works (including all temporary works, cl. 1 (1) (l)) (discussed N. 2).

(b) At the same time as the programme a general description of the arrangements and methods of construction which the contractor proposes for the carrying out of the works (as before including all temporary works) (N. 4).

(c) Such further details and information as the engineer may reasonably require in regard to the order of procedure (N. 3).

(d) Revised programmes as may be required by the engineer (N. 5).

(e) Such information in such detail as the engineer may reasonably require pertaining to the methods of construction (including temporary works and use of constructional plant) and calculations of stresses, strains and deflections that will arise in permanent works from the use of such methods (N. 6–9). The engineer is to provide the contractor with such design criteria relevant to permanent works or any temporary works designed by the engineer as may be necessary for this purpose (N. 14).

An habitual question in the industry is whether or not a programme or other information given by the contractor is part of the contract. The question is meaningless.

The programme, for example, is not contractual in the same sense as the specification, since neither the contractor nor the employer is bound by it. The programme is what it is—a document indicating the intention of the contractor at the time he furnishes it as to how he intends to programme the works, and may be used in evidence against or (subject to serious limitations, pp. 366–7) for him.

For the importance, and difficulty, of enforcing the contractor’s duty to give information, refer to p. 441 on “Claimsmanship”.

The possible liability of the contractor for negligent information is discussed on p.396.