Engineering Contracts and Specifications
FREDERICK UNIVERSITY
Civil Engineering Course of Study
Engineering Contracts and Specifications
Assignment
CEC 438
Fall 2011-2012
Part A
ENP Construction Co. as a general contractor has the responsibility to make a project successful . At the first project who obtain the erection of school he make a contract with PATIHA an electrical subcontractor . Their contract states that PATIHA "shall install the electrical wiring as soon as ENP finishes the plastering work."
The problem with their corporation begin when PATIHA is refusing to install the wiring until the plastering work is completed. ENP has been demanding that they begin the electrical work for the past 3 weeks. PATIHA has refused .
Despite the express terms that the subcontractor must finish the job after the contractor finishes the plastering work , there is the provision in standard form of contracts ( such as Υ1 or Υ2 of the Cypriot standard form of contracts - ΜΕΔΣΚ ) that the contractor can order variations on the work to be done by the subcontractor . Clause 12 of ΜΕΔΣΚ , allows for variations either in the quality or the quantity or the time occurrence of the works .
In this case the contractor notifies the subcontractor to change the time occurrence of the works , ie he gives the subcontractor a variation order . The details of this variation order will have to be examined .
Standard form of contracts such as ΜΕΔΣΚ provide for variation orders to be given either orally or written . If the variation order was given orally then the subcontractor must , within seven days , confirm the variation order in writing if the contractor does not do so .
If the contactor issues a written variation order or the subcontractor confirms in writing the variation order , ΜΕΔΣΚ provides that the subcontractor has to comply with the variation order within seven days . If the subcontractor fails to do so , the contactor has the
Civil Engineering Course of Study
Engineering Contracts and Specifications
Assignment
CEC 438
Fall 2011-2012
Part A
ENP Construction Co. as a general contractor has the responsibility to make a project successful . At the first project who obtain the erection of school he make a contract with PATIHA an electrical subcontractor . Their contract states that PATIHA "shall install the electrical wiring as soon as ENP finishes the plastering work."
The problem with their corporation begin when PATIHA is refusing to install the wiring until the plastering work is completed. ENP has been demanding that they begin the electrical work for the past 3 weeks. PATIHA has refused .
Despite the express terms that the subcontractor must finish the job after the contractor finishes the plastering work , there is the provision in standard form of contracts ( such as Υ1 or Υ2 of the Cypriot standard form of contracts - ΜΕΔΣΚ ) that the contractor can order variations on the work to be done by the subcontractor . Clause 12 of ΜΕΔΣΚ , allows for variations either in the quality or the quantity or the time occurrence of the works .
In this case the contractor notifies the subcontractor to change the time occurrence of the works , ie he gives the subcontractor a variation order . The details of this variation order will have to be examined .
Standard form of contracts such as ΜΕΔΣΚ provide for variation orders to be given either orally or written . If the variation order was given orally then the subcontractor must , within seven days , confirm the variation order in writing if the contractor does not do so .
If the contactor issues a written variation order or the subcontractor confirms in writing the variation order , ΜΕΔΣΚ provides that the subcontractor has to comply with the variation order within seven days . If the subcontractor fails to do so , the contactor has the