FAQ's Principal Building Agreement

Clause 8

 

Question 1 The n/s lift subcontractor designed and had shop-drawings for the lift shaft approved by the agents. We, the contractor, were issued the working drawings by the engineer from which we constructed the lift shaft to his drawing. When the lift n/s subcontractor commenced the installation of the lift the working drawings and those provided by the engineer were substantially different with the result that the lift n/s subcontractor could not effect the installation of the lift. My questions are: 1 Is the onus on the contractor to ensure that the two drawing sets are the same? 2 Is it correct for the contractor to build from the engineer’s drawings without referring to the n/s subcontractor’s drawings? Ref: P08.001

Answer Clearly the design of the lift shaft is part of the works and therefore is not the responsibility of the contractor [8.5.9]. This, in turn, leads to 4.0 Design Responsibility in which the subclauses 4.1 and 4.2 are applicable. Finally the contractor is covered by 9.0 Indemnities where 9.2.1 and 9.2.3 deliver the knock out punch!

 

Question 2 After achieving final completion the roof leaked during a heavy storm causing damage to the fitted carpeting and items of furniture. What is the contractor’s responsibility and liability in relation to the defect and the consequential loss and damage? Ref: P08.002

Answer The contractor’s liability in terms of the PBA is for the works and subsequently with the achievement of practical completion the employer become liable for the building and its contents [8.1] and therefore should (must) insure accordingly. Clearly the contractor is liable for the latent defect in the works in relation to the roof leak and (say) the fitted carpeting installed as part of the works that was damaged as a consequence of the leak. However the contractor would not be liable for the loose Persian carpet that was also damaged by the leak [9.2, 9.2.8]