FAQ's Nominated Selected Subcontract Agreement

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Clause 5
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Question 1

1. Are there any restrictions on an architect’s / engineer’s powers where the specification calls for the work to be carried out to their satisfaction?

2. At the end of the defects liability period the PA draws up a defects list but due to oversight omits certain defects. After the completion of the list he issues a second list. Will the n/s subcontractor be obliged to complete the second list?

Ref: N05.001

Answer


1. There certainly are limits to the principal and other agents powers. These limits are too extensive to quote individually but try reading clauses 5.0, 17.0, 23.0 to 26.0 for a start where their judgement is exercised and can be challenged by the contractor or the n/s subcontractor should either believe that such judgement is unfair or unreasonable

2. The agreements are not intended to be a game of chance. The PA is as human as the next man and can inadvertently overlook a defect. This does not "disqualify" the PA, as the agent for the employer, from requiring the defect to be rectified in terms of the agreement. However should this "oversight" cause the n/s subcontractor loss and expense he is entitled to claim [32.5]. The exception to the above “rule” is where final completion has been certified [26.6]