FAQ's Nominated Selected Subcontract Agreement
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Clause 24 |
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Question 1The mechanical consultant specified that isolators will be provided under the n/s electrical contract at the kitchen equipment. It was never specified in the mechanical documents that equipment should be connected up to electrical and water points. The mechanical consultant however has a clause in his Bill of Quantities that equipment should be "installed and tested" and maintains that covers the connecting up of equipment. The contractor and n/s subcontractor say “No!” The other grey area is that the industrial cooking pots have been supplied without oil. The suppliers maintains oil should have to be specified, but the mechanical consultant maintains it is covered by the wording "installed and tested". Ref: N24.001 |
AnswerThe "test" on the issued raised by you is not limited to elements dealt with by a mechanical/electrical consultant. The issue is clearly covered by the definition of Practical Completion being: “PRACTICAL COMPLETION: The stage of completion
where the works or a section thereof,
as certified by the principal agent, is substantially complete and
can effectively be used for the purposes intended” Any equipment that requires water, electricity etc or other elements that are part of the contract value are therefore the responsibility of the contractor (n/s subcontractor) and can only achieve practical completion when such can effectively be used for the purposes intended as stated in the definition I trust the grey areas are now a little clearer |