24/03/2022
It wasn’t on the works contract.
So it wasn’t your responsibility. And if you were a contractor you’d be correct in the ‘as it’s written’ perspective. After all, you submitted a fixed priced to procure and conduct the works as detailed and noted in the works order so you’ve nothing to worry about. Or do you?
If something’s not correct, appropriate or safe, it’s out of your hands. It’s not your problem. It’s not something you need to be concerned about. It’s not a part of you ‘duty of care’. Or is it?
This can be true in contract law because contracts detail what’s in and what’s out. And, commercial construction and civil contracts, can also imply that a worker or company must also have the necessary education, expertise, competence and experience to do the work as detailed.
So is it implied that the contractor should call out, speak up or send a picture and txt from their phone detailing that’s something’s wrong to the works manger?
Prehaps. Maybe. Sometimes. It’s simply not that simple.
It’s complicated because contract law is a framework, a device or an instrument to form an agreement between two parties who care about different things in lieu of delivery and payment for what’s contained with an agreement.
What is true is this. If we get it wrong in design, if we are ignorant of how one instruction can affect another, we run the risk of achieving one outcome to the detriment of another.
Awareness. Training. Caring. Maybe we’d have better outcomes if these were detailed in contracts as mandatory requirements, explicitly detailed, rather than assumed or morally implied. Until then, that’s for the courts to decide.
Dean Homicki
https://Staebl.academy
Image: Sturt st . Tactiles (TGSIs) are set back more than mandated ( ) requirement of 300mm from the carriageway threshold. Work by .