ABSTRACT
The contractor’s paramount obligation is to ‘carry out and complete the Works’. This is stated in Article 1, and reinforced in clause 2.1. The works that the contractor undertakes to carry out will be as briefly described in the first recital of MW16, and as shown or described in the contract documents. MWD16 makes provision for the contractor to undertake the design of part or parts of the project. This is brought about by the second recital (MWD16 only). The contract administrator has no authority to delegate design responsibilities without the agreement of the employer. This chapter presents the example of Moresk Cleaners Ltd v Thomas Henwood Hicks to emphasize this point. Under MW16 work must be carried out in accordance with the construction phase plan. If the phrase ‘or otherwise approved’ is used in a specification or bill of quantities, this does not mean that the contract administrator must consider alternatives put forward by the contractor.
