ABSTRACT
The contract administrator derives authority solely from the wording of the contract and will, for example, supply necessary information, issue instructions and issue certificates or notices. The day-to-day control of the works, i.e. the management of operations on site, co-ordination of orders and supplies, procurement of labour and other issues, is entirely the responsibility of the contractor. Both parties are required to comply with the CDM Regulations. It is the employer’s obligation under the contract to ensure that the principal designer and the principal contractor carry out all the relevant duties under the CDM Regulations. It is suggested also that although a contract provision may be limited to those defects that appear after practical completion and may not extend to defects that were patent at that time, in practice it would be sensible to allow the contractor the opportunity to remedy any such defects The William Tomkinson v Parochial Church Council of St Michael is presented to highlight this point.
