Force majeure is generally intended to include occurrences beyond the reasonable control of a party from fulfilling its obligations under the contract.
section 4D4
If an accident occurs on site due to an uncovered trench during construction, since the works are still carried out and there is no hand-over to the client the contractor is responsible for site safety.
There are two types of certificates in construction, that are issued by the CA / QS: Payment & Progress certificates.
If there was a discrepancy between the contract documents, the contractor would usually inform the Contract Administrator of this before proceeding.
If the sub-contractor is not paid by the contractor that has appointed him, he should raise it with the Contract Administrator.
Valuation is the process during the construction phase that the Contract Administrator is checking the works progress and verifies it before issuing a payment certificate (Interim/Final) to the Client.
Site vandalism is not uncommon and the responsibility for preventing it depends on the stage that the project is at.
In a scenario where the contractor hits a water main, one of the first actions taken to identify who’s fault it was would be to check if there is a drawing in place showing the services with relatively adequate precision.
A Variation is only one of the various types of Instructions that the Contract Administrator has the power to request.
A pay-less notice can follow an interim certificate to allow the client to pay the contractor less than the amount stated on the certificate.
A Variation (sometimes referred to as a variation instruction, variation order or change order) is an alteration to the scope of works in a construction contract in the form of an addition, substitution or omission from the original scope of works.