SECTION VII: CONTRACTOR-SEPARATE CONTRACTORS-SUBCONTRACTORS RELATIONS

ARTICLE 23: SEPARATE CONTRACTS WITH OTHER CONTRACTORS

 

1. Can the Owner have separate contracts with other contractors?

 

Yes. The Owner may perform work outside of the Contractor's scope of work or award separate contracts to other contractors. If the Contractor claims that delay, damage or additional cost is involved as a result, the Contractor shall make such claim as provided in the Contract. The Owner shall provide for the coordination of the work performed by the Owner and/or each separate contractor with the Work of the Contractor (23.01).

 

ARTICLE 24: CONTRACTOR-SEPARATE CONTRACTORS RELATIONS

 

1. What are the possible obligations that the Contractor may have with separate contractors?

 

One possible example is with regard to the storage of materials and work coordination. The Contractor shall, whenever and to the extent possible, afford other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work, and shall properly connect and cooperatein the Owner's effort to coordinate his work with that of other contractors so as to minimize interference or obstruction in the progress of the work performed by each of them (24.01).

 

Another example is with regard to the cutting, fitting or patching of work. The Contractor shall do all cutting, fitting or patching of his work that may be required to make its several parts come together properly and fit it to receive or be received by work of other contractors shown upon, or reasonably implied by, the Drawings and Specifications for the completed structure. In addition to this, the Contractor shall not endanger any work by cutting, digging or otherwise and shall not cut or alter the work of any other contractor save with the consent of the Owner. Any cost caused by defective or ill-timed work shall be borne by the party responsible therefor. The Contractor shall not endanger any work by cutting, digging or otherwise and shall not cut or alter the work of any other contractor save with the consent of the Owner.  (24.02).

 

Lastly, if any part of the Contractor's work depends for proper execution or results upon the work of any other contractor, the Contractor shall inspect and promptly report it to the Owner. His failure to inspect and report it shall constitute an acceptance of the other contractor's work as fit and proper for the reception of his work except as to defects which may develop in the other contractor's work after the execution of the Contractor's work.

 

To insure the proper execution of his subsequent work the Contractor shall verify work already in place and shall at once report to the Owner any discrepancy noticed between the executed work and the drawings (24.03).

 

2. What if the Contractor causes damage to the work of a separate contractor?

 

 

Should the Contractor cause damage to the work of any separate contractor, the Contractor agrees to relieve the Owner of any liability which may arise therefrom (24.04). On the other hand, should a separate contractor cause damage to the Contractor's work, then the Owner shall hold harmless the Contractor in respect thereof (24.05). 

 

ARTICLE 25: SUB-CONTRACTS

 

1. Can the Contractor contract another entity to complete a portion of the Work?

 

The general rule is that no portion of the Work shall be sublet or sub-contracted without the Owner's consent. However, any part thereof or any specialty work therein, may be sublet or sub-contracted, subject to the provisions of Articles 25.02 and 34.03. The consent of the Owner to the Contractor's engagement of a subcontractor, by itself, shall not create any contractual relation between the sub-contractor and the Owner  (25.01).

 

If such an arrangement is implemented, the Contractor is fully responsible to the Owner for the acts and omissions of  its sub-contractor (25.02).

 

2. If a subcontracting agreement is implemented, does it create a relationship between the Owner and the sub-contractor?

 

No, the consent of the Owner to the Contractor's engagement of a subcontractor, by itself, shall not create any contractual relation between the sub-contractor and the Owner (25.01).