Contract Learnings

Reference : Arcadis Form of Contract (FOCC)

Subject : Contractor’s Obliga ons

Sec on : 1.3.3 Contractor’s Obliga ons – General Obliga ons

The Contractor shall be fully responsible for:

The adequacy, design, stability and safety of all The Site opera ons,
temporary works and methods of construc on on The Site.

Sec on : 1.6 Contractor’s Obliga ons – Duty to Warn

The Contractor shall immediately advise the Project Manager if any defect or
insufficiency in design is discovered and the Project Manager will then issue
instruc ons to clarify the ma er.

The Contractor shall verify all dimensions shown on the Contract Drawings and other
documents before use. Any discrepancy between the Contract Drawings and any of
the other Contract Documents shall be advised by the Contractor to the Project
Manager who will then issue instruc ons to clarify the ma er.

Provided always that where the insufficiency in design and/or discrepancy ought to
have been discovered by an experienced contractor exercising due skill and care, no
reimbursement shall be made to the Contractor for abor ve and/or correc ve work or
loss and expense arising from the insufficiency.

Interpreta on : The Contractor remains responsible and liable for the completeness of the works, from plan review un l execu on.
The Contractor is expected to be experienced, competent, and capable upon engagement (1.9 Contactor’s Manager, Supervisors
and Engineers), thus indemnifying the Owner of all the damages (1.14 Indemni es).

Reference : Arcadis Form of Contract (FOCC)

Subject : Varia ons (Change Order-CO)

Sec on : 3.10 Project Manager: Instruc ons - Varia ons

Interpreta on : Varia ons may come either from Site Instruc on (SI) or from drawing issuance such as Bid Bulle ns (BB), RFAs and/or
other trade drawings. This means that not all COs should be issued with an SI. COs can be taken out as implied to issued/ approved
drawings. Any observed changes by the Contractor can be assumed as "alleged" varia ons and awarded if jus fied and found valid.