“Quantity Surveying Defective Work Scenario 4. During a site visit the architect expressed his concern at the standard of the scaffolding currently being used by the contractor. In the opinion of the architect there was a lack of base plates and toe boards, insufficient bracing and the whole structure was inadequately tied in to the building. The architect instructed the contractor to remedy these deficiencies straight away as it created a bad impression of the site. The contractor responded that items of plant and temporary works were entirely the responsibility of the contractor as it had nothing to do with the works. If the architect wished the contractor to adopt a specific scaffolding design then the architect would have to pay for the additional work. Discuss.”

Under clause 2.1, the contractor is required to carry out the works in a proper and workmanlike manner. In earlier versions of the SBC/Q there was no mention of this particular clause. However, this was changed in response to the case of Greater Nottingham Co-operative Society Ltd v Cementation and Others (1988). The outcome of this case had potential implications for the relationship between the employer and contractor. During this appeal, an important statement was made that, if there had been a contractual obligation on Cementation to carry out their subcontract works with due care, then it was accepted that Cementation, for breach of that contractual term, would be liable for the economic loss suffered by the Society. (Griffiths 2010, p.245) In recognition of this case, the JCT introduced a new requirement into the SBC/Q in the form of clause 2.1; The Contractor shall carry …(short extract)

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