ABSTRACT
The contract is a ‘system’ of interlocking contracts or a family of contracts. Both the GC/Works/1 and Institution of Civil Engineers forms recognise the special significance of ground conditions for progress and adjusted payment, while also spelling out the otherwise implied responsibility of the contractor to check on-site and surrounding conditions more widely. The New Engineering Contract (NEC) form provides for the ‘experienced contractor’ test to be applied to the contractor when there is any application for a matter in difference that arises from site or ground conditions. The main emphasis is on the contractor's right to organise the works how he will to achieve the end result. The Joint Contracts Tribunal contract takes little account of the standing of the contract programme and refers only to any such programme prepared by the contractor. The NEC form has reference to instructions and there are provisions for the project manager to instruct on any matter.
