Summary The background of the paper is explained how the engineer, employer and the contractor work together in a contract. Traditional build contracts can be high risk, as the contractor doesn’t have control over the drawings. In comparison to a design and build contract, where they know full well that the drawings are correct to their standards. And assume all responsibility. Who’s to blame if a building is built to the specifications and drawings, and the building doesn’t stand. The contractor is responsible for constructing the design provided to it This paper also goes over some past court cases. And how they turned out the way they did The design risk can be held by any of the parties, the employer should be making sure that the contractor and the engineer are kept close at all times constantly in contact with any queries about drawings specifications, quantities, buildablility and design deficiencies to the permanent work design. It explained the finer details of how a job can go wrong and who would be responsible in what occasion, the scenarios and outcomes are all found in the Red Book. Buildablility design risk: current case law The case Thorn v the mayor and commonalty. A job was advertised, and work was to be based on certain drawings and specifications. But the drawings weren’t guaranteed to work. So the contractor employed a second engineer to check over the drawings and said that the structure will stand. So the contractor went ahead knowing that the risk and responsibility lied on their company. After work started it was discovered that the caissons wouldn’t stand at high tide. Which were in the specifications, so all work had to be carried out at low tide making the job longer and more costly. The case went to c... ... middle of paper ... ...e buildablility design risk, which could be a big risk for the employer. Or the contractor can get novation of the consultancy agreement to guarantee that the engineer is fully responsible for the specifications and drawings. The contractor could contact the employer and suggest a design and build contract, which would ensure that the contractor would be fully confident in the design, but may cost the employer more money. If none of these the contractor could get its own engineer to look over the drawings and check them, but this can also lead in further complications. After reaching all of these measures it would push up the cost of the tender package making it less likely to be accepted, but it would have a smaller risk behind the job. Bibliography Rosenberg, K., 2012. Design Risk Alloctation Under A Traditional Build Contract, s.l.: Society of Construction Law.
The issue in this case was whether California and Hawaiian Sugar Company could recover the liquidated damages from Sun Ship. Where there is a contract between the parties for liquidated damages and d there were no misrepresentations or unfair dealing in creating the contract,
The plaintiff is due a form of repayment/compensation as stated within the case, due to the negligence presented by Silverline construction ltd. Emma suffered serious facial injuries and concussion and could not carry out her work for 6 months. The case of Lord Atkin in Donoghue v Stevenson [1932] AC562 ‘’you must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. Who, then, in law is my neighbour?’’ this effectively means that Silverline construction ltd. should have foreseen the possibility of there being a failure in the buildings construction taking into consideration the residence within the parameter of the site. I have simply stated the basis that Emma is owed a duty of care due to their negligence.
This being important in itself as it is most likely the “most significant investment which the subsequent owner will make during his or her lifetime” in this country. Furthermore, the court concluded that it is reasonably foreseeable by a licensed builder that insufficient footings would most likely be the reason to cause the loss suffered in this circumstance to the homeowner at that specific time when those deficiencies became noticeable. Therefore, provided that there is no prevailing negligence or other events. the causal proximity between the loss and the builder’s professional negligence would be sufficient to uphold the duty of care.
The engineer breached the duty of care through failing his/her duty to warn by providing insufficient warning on the limitation of the application. His/her software application caused the structural firm to designed a defective bridge and was the direct cause of many deaths. The junior engineer should be held liable for his/her product due to the principle known as product liability. This is evident in the case study because deaths and injuries due to defective product as a result of the software were foreseeable. Looking at the 1971 case of Lambert v. Lastoplex Chemicals Co. Limited et al., the manufacturers must not only instruct the user how to properly use the products but also warn the user the consequences of misuse []. This precedent case proves that the engineer failed to warn the structural firm of the limitation of the application as well as failed to warn the consequences of using the application beyond its capabilities. However, the information technology firm may be held vicariously liable for the mistake of the junior engineer as he/she developed the software application during his/her employment. The reason being the employer generally has deeper pocket than the employee [] and the collapse was a result of the junior engineer developing the application under the authority of the employer. Thus, the junior engineer is one of the tortfeasor to which the information firm maybe vicariously liable for his/her
...f the building without taking in the consideration that the changes made to the building as it was being constructed would have a huge impact on the safety margin of the building.
What occurred in this case was that in a new build factory there had been inoperative flooring set and the claimants in this case lost money due to the flooring having to be reset again. In this case the claimants were in contract with the builders who laid the floor but decided not to sue them but to sue the sub contractors for their negligence because they were present when the builders and claimants were at meetings when discussing the flooring. Similarly, to the case Anns v Merton London Borough Council [1978] the court allowed the claimants to sue the defendants for their financial
The county court judge found in favour of the plaintiff and Williams was awarded £3,500, but the defendants appealed on the basis that by completing the agreed work on time, Williams had done no more than he was already contractually bound to do under the existing contract. The
In the case Burnie Port Authority vs. General Jones, Jones sued the Port Authority for negligence when conflagration destroyed his produce. Burnie Port Authority took action to start plan two of their proposed development. General Jones had three cool rooms worth of frozen vegetables of which he owned which was kept stored in plan one of the Port Authorities development. For the construction of stage two there wasn’t a main contractor appointed. This led to the improper maintenance of stage two which caused the conflagration when welding sparks caught hold of stored flammable insulation. The flame carried through to the original stage one of the development which included the destruction of the three cool rooms belonging to General Jones.
The plaintiff bought a built as such to the plans approved by the defendants. But the independent consulting engineers who had carelessly failed to note an error in the calculations which rendered inadequate the concrete raft foundation necessited by the sl...
When trying to design for automated construction systems, all parameters of a construction process must be integrated accurately and constantly to satisfy relevant parties, and finally, the quality of construction materials and products in terms of geometry, physical and design aspects will be changed. In order to reach automated construction goals, all the following aspects have to be fulfilled:
Brooke (1997), explains Estimation as the technical procedure of anticipating the value of the project. Building construction estimation is the process of acquiring the construction value for the whole project before the project starts. Thus, construction attaining process depends hugely on financial management to sustain workability and smooth operations. The delay in construction is a global issue which is due to improper preparation of estimates and lack of drawings (Ajanlekoko, 1987). In accordance to Gkritza (2008), the source of delay in a project are identified to be in the initial stages, like bad quantification, errors in design and ground conditions. Thus, the purpose of a proper estimate is to foretell the cost needed to finish the
This paper explores what it takes to be a construction manager and the responsibilities of being a construction manager and the skills that a construction manager should have. It also explores what good construction managers do to have success on their construction projects and the steps that a construction manager must follow to end a project and meet their deadlines at the same
Furthermore, there is good price certainty at the award of the contract because of full set information. However, there are some disadvantages to the process. First, it is very consume time in the pre-contract process due to the strategy is sequential and construction cannot be started before the completion of design. Also, the contractor is not appointed at the design stage, so the contractor and supply chain have no input into the design or planning of the project. Moreover, there are divided responsibility of design and construction, so it is easy to cause disputes in the post-contract processes.
In conclusion, civil engineers have a responsibility to deal with current issues in a professional and ethical manner for the benefit of society. The topics discusses included: high energy consumption of buildings, the need for efficient water resources, transportation planning, poor infrastructures doomed to failure, the need to have higher standards to become a licensed professional engineer, how globalization has affected all engineers, and the need to have more professional use advance engineering informatics. All these subjects were pondered about how these challenges can be overcome are there effective methods that engineers can apply today. Unfortunately, not all problems are easy to handle.
When there is the work related to the health burden then the proper care is required so the responsible members are answerable in the cases of any bad accident. It is observed that the construction is basically the largest industry. There are several construction projects that are to be held in the country as well as outside the country. Several contracts are really on the large basis. Moreover, the extreme complicated projects are to be headed by the construction companies of Europe. In this case there are necessary precautionary measures that are to be taken by the project managing