And I'm going to just read you a passage from that case, so bear with me. Now, the law makes it very clear distinction between what it calls the province of the architect and the engineer on the one hand, and the province of the builder, on the other hand, and this was brought out by a leading case of Clayton against Boardman as long ago as 1962. So an instruction given by an architect to help out a contract, by ordering extra work would not bind the employer to make an additional payments, if the work would have been necessary to do the job in the first place. Unless the contractor I'm sorry, unless the contract specifically says otherwise, a construction professional cannot commits the employer to a change the building contract or a change to the works. So the architect the engineers and saying, I've given you this to do, you can definitely do it, it will be all rights.
So the contractor has to do everything that's necessary to complete the job without any additional payments.
Generally, there's no implication that completion of the work to the architects or engineers design is feasible or practical, or even possible. So generally, it's no defence to the contractor that he could not build what he's agreed to build, where he's agreed to build it, the tender will carry two challenges, the technological challenge, which is yes, I can build this, and the financial challenge, which is, yes, I can build it for the agreed price. And this means that the contractor is responsible for the building process is always responsible for the design and the execution of temporary works, including stretching, propping and scaffolding. Now saying is buildability is the province of the builder. And in this session, I'm going to be looking at the responsibility of the builder for the building process. And this is the first of our law bites takeaways sessions.
Hello, I'm Philip Harris, I'm a partner in the construction department at Wright Hassall. Please note, this transcript has been automatically generated, so may contain inaccuracies.
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