ECC Clause 14 – Project Manager and Supervisor

This clause introduces the two key players from the employer’s side of the fence. The Project Manager is the named person within Contract Data part 1 who will administer the contract on behalf of the Employer and is the designated authority to issue all instructions, notifications and other communications required under the contract. The Supervisor on the other hand sole responsibility is to check for compliance to the Works Information (basically to check for defects, and is independent to the Project Manager). Clause 14.2 makes it clear that the Project Manager or the Supervisor may delegate any of their actions, but have to do so in writing.  

Clause 14.1 is also a very important clause, as this confirms that whilst the Project Manager has to accept various contractor submissions, this acceptance does not transfer liability away from the Contractor to provide the works in accordance with the original Works Information. In simple terms it means that if there are any errors in the submission that they are not taking on that liability if they accept something. The example I always give is if a lower grade of steel than that identified within the Works Information is part of a Contractor design. If that gets overlooked and accepted this has not been accepted by default. Any issues or liability associated with the steel being inadequate would be retained by the Contractor. This clause ensures that the Project Manager is not taking on undue liability, and without this clause the Contractor would receive very little “acceptance” as the Project Manager would always be worrying about what he is signing. The areas that the Project Manager need to be issuing acceptance for (or not) are covered within these guidance notes. The contract requires in each instance either acceptance or non-acceptance in each case. There is no capacity in the contract for the Project Manager to remain silent, and if they do then that silence would be a reason under 60.1(9) as to being a compensation event.