01

INTRODUCTION

Construction law is a law that deals with matters relating to building construction and related
fields. Construction law covers a wide range of legal issues including contract, negligence,
bond and bonding guarantees and sureties, liens and other security interests, tendering,
construction claims, and related consultancy contracts. Construction law affects many
participants in the construction industry, including financial institutions, surveyors, architects,
builders, engineers, construction workers, and planners.

Although a significant component of any construction law course is contract law.
Construction law is much more than this and involves the contextual understanding of a
variety of legal principles, including torts, equity and statutory/regulatory laws.

By learning construction law, a student need to be familiar with those areas of the law that are
especially relevant to the construction industry. This is also characterized by their familiarity
with the industry itself, the nature of construction business, and the needs of industry
stakeholders their clients.










02

TABLE OF CONTENT


TITLE PAGES

INTRODUCTION 01

TABLE OF CONTENTS 02

CONTENT 03

1. STANDARD OF CARE AND PROFESSIONAL RESPONSIBILITY 04

2. DESIGN PROFESSIONALS AUTHORITY 05

3. ASSUMPTION OF DESIGN LIABILITY BY THE CONTRACTOR 06

CONCLUSION 07




03



CONTENT











04

1. STANDARD OF CARE AND PROFESSIONAL RESPONSIBILITY

Superintending Officer in many ways function as bosses for building sites. It is their
responsibility to make sure that projects are completed on schedule, within budget, and in a
way that is safe and follows local building codes and laws. There is a lot of paperwork,
particularly when it comes to things like building permits and licensing materials, but the job
also requires significant personal interactions. Most S.O. are in charge of both making teams
and resolving conflicts large and small.

a) As Governments representative to supervise and issue work instructions in
accordance with the provision of the Contract.
b) Superintending Officer or S.O. should be responsible for the overall supervision and
direction of the works. All matters regarding the works shall be dealt with the Contractor with
the S.O.
c) S.O. Representative shall be responsible to the S.O. and its his duties to watch and
supervise the works and to test and to examine any materials or goods to be used or
workmanship employed in connection with the works.
d) The power of the S.O. to issue instruction which requires prior approval from the
parties concerned in accordance with the provision
e) If the Contractor disputes any act of the Superintending Officer's Representative, he
shall refer the matter to the Superintending Officer who shall confirm, reverse or vary (as the
case may be) the act or decision of the Representative.
f) S.O. also have to be responsible to ensure the Contractor carries out the work in
accordance with the provision in the Contract and obligation of the Government is honoured.
g) In addition, the S.O. shall also ensure that extension of time is only issued based on
the reasons stated in the Conditions of Contract.



05

2. DESIGN PROFESSIONALS AUTHORITY

(a) The S.O. may issue further drawings, details and or written instruction in regard to:
i) the variation referred to in Clause 24 hereof:
ii) any discrepancy in Contract Documents referred to in Clause 8 (b) hereof:
iii) removal from the Site of any materials and substitution of any other materials
iv) removal and or re-execution of any works by the Contractor:
v) the dismissal from the works of any person
vi) the opening up for inspection of any work covered up
vii) amending and making good of any defects
viii) any matter which is necessary to the carrying out and completion of works
ix) any matter in respect of which the S.O. is expressly empowered by this contract to
issue instructions.
(b) the contractor shall comply with all instruction issued to him by the S.O. within seven (7)
days after written notice from the S.O.. S.O. may employ and pay other persons to execute
any work which may be necessary to give affect to such instruction.
(c) all instructions issued by the S.O. shall be issued in writing. Any instruction issued shall
be confirmed in writing by the contractor and S.O. within seven (7) days. If not in writing,
Contractor shall not be obliged to confirm.
(d) if in compliance with the S.O.s as aforesaid involves expense or loss beyond that
reasonably contemplated by the contractor, the contractor shall within one (1) month of
receipt of such instruction, give notice in writing of his intention to claim for such expense or
loss to the S.O. together with an estimate of the amount of such loss.





06

3. ASSUMPTION OF DESIGN LIABILITY BY THE CONTRACTOR

(a) Any design and specifications supplied by the Government, Contractor are required to
undertake the design of any part of the works, the contractor shall make sure that such design
is suitable, functional, safe, compatible and integrates with the specifications. After that, it
shall be undertaken, approved and endorsed by a competent and registered professional.
(b) The contractor shall submit all drawings, specifications, calculations and any other
relevant information to the S.O. for approval. Without prior written consent from the S.O., no
work can commence.
(c) The contractor should be fully responsible and guarantee to the Government that the
stand alone design, integration, execution of the works, materials and workmanship for the
works are independent of fault, suitable, functional, safe and compatible with the
requirements of the Government.
(d) The approval of the stand-alone design by the S.O. shall not absolve the contractor
from its responsibility and the contractor should be liable enough to fully indemnify and keep
the Government indemnified for any design defects, damage, and insufficiency of such
design.










07


CONCLUSION

A successful project is very much depends on the construction professionals to act as an
effective manager. They should act as a Generalist and a facilitator when coordinating
projects. They must be a good communicator in handling mediation, managing conflicts and
negotiating terms with various stakeholders in the project and so on. In fact, there are many
kinds of relationship in construction projects. There are relationships between professionals,
professionals and client and also professionals and contractor. The relationships of them have
many assumption and issues emerged especially in construction projects. The pressure on the
construction project is higher than others industries. That ways the relationships between
them is needed to clarify based on duty and responsibility to achieving the objective of
projects. All this responsibility will be paid by the client based on the scale of fees set out.