ABSTRACT
The tit le o f this chapter summarises the vicious circle that causes this state o f affairs to continue. The contractors just i fy claimsmanship by alleging that employers and their advisers place unpriceable and unfair risks on them; engineers just i fy harshness in contracts and host i l i ty in adminis t ra t ion o f contracts on the grounds o f the claims habits o f some contractors. The fo l lowing factors do seem relevant to any improvement :
1. Site information. A n employer who is prepared to pay a fair price w i l l give the contractor ful l i n fo rmat ion about the works he wants constructed. I n particular i t is absurd that major works should be founded on the fict ion that the contractor bases his tender on site investigations that were not made (the unl imi ted investigations which in the past the contract to ld the contractor to make dur ing the short tender period) and not on the investigations that were in fact made (by the employer). The recognit ion by the 5th edi t ion o f the I .C .E . Condi t ions and the general law that the contractor is entitled to take in to account in his pr ic ing site in fo rmat ion provided by the employer (pp. 60-3) w i l l produce benefits i f coupled w i t h responsible attitudes on bo th sides o f the industry.
