Сonstruction on site
(Правовое руководство по составлению строительных контрактов)
Construction on site as discussed in this chapter covers civil engineering, building and the installation of equipment. It also covers the supply by the contractor of certain construction services relating to installation to be effected by the purchaser or an enterprise engaged by the purchaser. The scope of the construction to be effected will depend on the terms of the particular works contract. Mandatory legal rules in force in the country where the works is to be constructed may require certain standards or procedures to be observed during the construction (paragraphs 1 to 3).
Some preparatory work is usually needed on the site before construction can commence. The contract may specify the items of preparatory work to be undertaken by each party. The purchaser may be obligated to obtain any authorizations required for the use of the site for construction. The contract may also specify the facilities which will be needed by the contractor's personnel during the construction, and determine how those facilities are to be provided (paragraphs 6 to 9).
The contract may obligate the contractor to equip himself with the construction machinery and tools that he needs for the construction. If the purchaser is to supply some of the construction machinery and tools, the contract may determine the rights and obligations of the parties in regard to the supply. The purchaser may be obligated to assist the contractor in obtaining authorizations for the import of the construction machinery and tools into the country where the works is to be constructed (paragraphs 11 and 12).
The contract should set forth the dates when the construction is to be commenced and completed by the contractor, and also determine whether completion prior to the date set for completion is permissible (paragraphs 14 to 17).
It is advisable for the contract to contain a time-schedule which establishes the sequential order in which construction is to take place. In designing the time-schedule, the parties may wish to consider using the "critical path method". The time-schedule may establish obligatory and non-obligatory milestone dates for the completion of portions of the construction (paragraphs 18 to 23).
The date for completion of construction may need to be changed in certain circumstances. The contract may establish a mechanism for making the change if those circumstances occur (paragraphs 24 and 25).
If the purchaser undertakes the installation of equipment, the contractor may be obligated to supervise the installation. The contract may specify the rights and obligations of the parties in relation to the supervision. Where supervision by the contractor is not needed, the contractor may be obligated to give advice on installation, if so requested by the purchaser (paragraphs 27 to 30).
Each party will need access to the site for certain purposes. The contract may define the access to be granted, and include provisions regulating access (paragraphs 31 and 32).
In cases where the purchaser is to construct a portion of the works, he may sometimes find it advantageous to require the contractor to purchase on his behalf some of the equipment and materials needed for the construction (paragraphs 33 and 34).
The contract may obligate the contractor to clear the site periodically, and to leave it in a clean and workmanlike condition after the completion of construction (paragraph 36).