The small area of paving in a recently constructed new car park has settled and is beginning to crack. This occurs before Completion of the whole of the works in an ECC Option A contract. The Employer is responsible for designing the works.

a.

What should the Project Manager, Supervisor and Contractor do next? What processes should be followed if it were a Defect?

[11 marks]

b.

What process should be followed if it were not a Defect?

[4 marks]

 

The Contractor wishes to appoint a SubContractor and seeks the Project Manager's acceptance for this appointment. The Project Manager writes to the Contractor stating that this would be an unwise choice as the proposed SubContractor has performed badly on previous contracts with other Contractors.

c.

What could the Project Manager do regarding the appointment of the SubContractor?

[4 marks]

 

The Contractor says that if the Project Manager objects to this appointment additional cost would be incurred which the Contractor would seek to recover as a compensation event.

d.

How should the Project Manager respond?