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1
Working together
2
Primary obligations of the purchaser
3
Primary obligations of the supplier
4
Risk allocation
5
Performance management
6
Payment
7
General terms
8
Legal definitions

3

Collaborative construction terms

Primary obligations of the supplier

3.1

Provision of Information

The Supplier will provide to the Purchaser and other members of the Project Team all information in its possession regarding the performance of the Services which the Purchaser or any other members of the Project Team reasonably considers relevant to the delivery of the Project. The Supplier will respond to all reasonable requests for further information received from the Purchaser within the period referred to in the Purchase Order or any other period that the parties may agree.

3.2

Delivery of the Services and responsibility for the Supply Chain

The Supplier will be responsible to the Purchaser for the delivery of the Services in accordance with the Contract and will be responsible to the Purchaser for the performance of its Supply Chain (if any) in relation to the delivery of the Services.

3.3

Carrying out the Services

The Supplier will carry out, or procure the carrying out by its Supply Chain of, the Services in accordance with the Contract to the reasonable satisfaction of the Purchaser, with all personnel, materials and plant necessary for the safe, efficient and timely completion of the Services.

3.4

Alternative A
Design obligations

Where the Supplier is responsible for carrying out any design in relation to the Project or any part of the Project, the Supplier will exercise the level of skill and care reasonably to be expected of an appropriately qualified and competent professional designer providing those services in relation to projects of a similar size and scope to the Project.

3.4

Alternative B
Design obligations

Where the Supplier is responsible for carrying out any design in relation to the Project or any part of the Project, the Supplier will complete that design so that it is fit for the purpose described in the Client’s Brief or (where applicable) the Purchaser’s Brief having regard to the practices and state of knowledge of the Supplier’s profession or discipline at the time of the execution of the Works to which it relates.

3.5

Lead Designer

If appointed as the Lead Designer under the Purchase Order, the Supplier will be responsible for co-ordinating the input of all suppliers in relation to the design of the Project.

3.6

Lead Supplier

If appointed as the Lead Supplier under the Purchase Order, the Supplier will be responsible for co-ordinating the input of all suppliers in relation to the construction of the Project.

3.7

Support for the Lead Designer and/or the Lead Supplier

If the Supplier is not appointed as the Lead Designer and/or the Lead Supplier, the Supplier will provide all reasonable assistance to the Lead Designer and to the Lead Supplier to co-ordinate the design and construction of the Services.

3.8

Compliance with instructions of the Purchaser

The Supplier will comply with all reasonable instructions in writing from the Purchaser or the Purchaser’s Representative relating to the Project.

3.9

Key personnel

The Supplier will engage the key personnel named in the Purchase Order in the performance of the Services and will not replace any of the persons named without the approval of the Purchaser (which will not be unreasonably withheld or delayed). Any replacement will be suitably qualified to perform the relevant role.

3.10

Involvement of the Supply Chain

The Supplier will work together with and fully involve its Supply Chain (if any) in the delivery of the Services, and will organise or take part in team building, project planning, risk and value engineering workshops involving all or relevant members of its Supply Chain and other Project Participants as necessary or appropriate to the stage of the Project.

3.11

Engagement of the Supply Chain

The Supplier will engage all members of its Supply Chain on terms that fully reflect the terms of the Contract. Further the Supplier will take reasonable steps to encourage all members of its Supply Chain to understand and sign the project protocol and agree to operate its terms along with the other Project Participants. The Supplier will not replace any of the members of the Supply Chain identified in the Purchase Order without the approval of the Purchaser (which will not be unreasonably withheld or delayed). Any replacement will be suitably qualified to perform the relevant role.

3.12

Goods and materials

Goods and materials provided by the Supplier will be new, unless instructed otherwise by the Purchaser, and of good quality and conform to the requirements of the Contract.

3.13

Statutory requirements

The Supplier will comply with all statutory requirements relevant to the performance of the Services.

3.14

Project Programme

If it is stated in the Purchase Order that the Supplier will be responsible for the preparation of the Project Programme, the Supplier will:

  • prepare the Project Programme and will monitor and update it as necessary to show any amendments to the sequencing of events or the likely time for any events occurring prior to the delivery of the completed Project and, in particular, will identify key decision events which are likely to involve the Purchaser or the Purchaser’s Representative during the Project; and

  • co-ordinate any proposed changes to the Project Programme by any other Project Participants and all relevant members of the Supply Chain and will discuss with, and if appropriate or requested, meet with the Purchaser to provide an explanation of any proposed changes and discuss how best to achieve any necessary reprogramming so as not to affect the Date or Dates for Completion or, with the written agreement of the Client, to extend the Date or Dates for Completion.

All amendments to the Project Programme will be circulated promptly to all other members of the Project Team and by them to all Project Participants who have still to carry out work and/or services. An actual or proposed amendment to the Project Programme showing a period for completion of the Project extending beyond the Date or Dates for Completion will not, without the Client’s written agreement, be treated as expressly or impliedly extending the Date or Dates for Completion.

3.15

Progress meetings

If it is stated in the Purchase Order that the Supplier will be responsible for arranging regular progress meetings, the Supplier will arrange, attend, chair and minute regular progress meetings of the Project Team to review progress and to make any decisions necessary for the successful delivery of the Project and give the Purchaser sufficient notice and information of events requiring decisions by the Purchaser which are necessary for the successful delivery of the Project. The Supplier will provide as much advance notice to other members of the Project Team as is practicable of all meetings. All meetings will (as a minimum) consider:-

  • the progress of the design and/or construction of the Project and any necessary updating of the Project Programme;

  • the review and updating of the Risk Register in accordance with clause 4.2;

  • the occurrence, or likely occurrence, of any Relief Events; and

  • the results of any team building, project planning, risk or value engineering workshops.

If not responsible for arranging regular progress meetings, the Supplier will nevertheless attend all meetings to which it is invited.

3.16

Where the Supplier is a subcontractor

Where the Purchase Order provides details of any Purchaser's Contract, the Supplier will (provided the Purchaser has complied with its obligations under clause 2.1) carry out and complete the Services in accordance with the Purchaser's Contract insofar as it relates to the performance of the Services.

 

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