ABSTRACT

The position and authority of the architect/engineer under certain forms of contract developed within the UK are dealt with in. Where the architect/engineer is acting in his independent professional role then the contract will normally provide: that the contractor must comply with all decisions of the architect/engineer, subject only to the contractor's right to challenge such decisions at adjudication or arbitration. Exclusive remedy or entire agreement clauses in contracts as between commercial organizations of equal bargaining power will, therefore, if worded sufficiently comprehensively, be upheld by the courts. The contract will normally provide that all work must be executed in accordance with the manner set out in the specification, or where not so set out to the reasonable satisfaction of the engineer. All construction contracts require the contractor to produce a programme showing the order in which he proposes to carry out the works.