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Clause 6
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Question 1

I have been advised by my architect that since I do not have the said "foreman" who I advise would be on site, he is reducing my prelims. I have however had a foreman throughout the entire project on site be it one of my other foreman, myself and my partner in the business. Is he legally allowed to do this based on the JBCC contract?

Ref: P06.001

Answer

PBA 6.1 effectively states that the contractor must have a "representative" ... continuously on site...” Note "foreman" is not used or identified in any form whatsoever. The preliminaries are adjusted [32.12] as necessary which is not the case in this instance. In my opinion the architect is not acting in terms of the Agreement and the employer would loose should the issue be taken to dispute resolution.