000			01897cam a2200241 4500
001			ABS63625
008			000000n2001 000 0 eng u
035			_a(Sirsi) u111477
100			_aBrewer, G.
245			_aContractor liability dependent on clerk
260			_c2001
490			_aContract Journal _v407(6317) 7 March 2001, 28(1)
520			_aLooks at the role of the clerk of works in building and engineering projects. Broadly speaking, the clerk's role is to monitor the standards of workmanship and materials to ensure they conform with specifications. However, the extent of the clerk's responsibility and authority is often unclear, varying from project to project. Considers how this is illustrated by the case of "Scott Wilson Kirkpatrick & Partners v Ministry of Defence", which examined the responsibility of the clerk of works. This involved establishing blame, and apportioning damages, for a roof, constructed for the MOD, part of which had subsequently blown off. It was established that this had occurred due to the use of inadequate 4-inch long nails. The contract for the work expressly required the contractor to 'ensure boarding rafters, purlins etc. are well fixed as existing'. In the original trial the judge held that the award of damages should be apportioned equally between the contractor and the consultant, who was liable for the clerk of works. The CA upheld the trial judge's decision. The clerk of works' supervision was intended as an additional security measure, not to provide an excuse for the contractor not carrying out its contractual obligations.
590			_aABS
650			_aCONTRACTORS LIABILITY
650			_aCLERK OF WORKS
650			_aCONTRACTOR
650			_aSCOTT WILSON KIRKPATRICK & PARTNERS V MINISTRY OF DEFENCE
650			_aROOF
650			_aGC/WORKS/1 EDITION 2
690			_aBUILT ENVIRONMENT
942			_n0
999			_c66422 _d66422