Due to the rapid advance in technology it is difficult for anyone to supervise the complete works alone. So this has resulted in clerk of works specializing in various forms of construction. For example more clerks of works are being employed on heating and ventilation, plumbing and electrical installations. Others deal with site development, roads, sewers, bridges and motorways. With building work they often specialize in hotels, office blocks, hospitals, housing or industrial buildings.
The clerk of works can be employed by local authorities, hospital boards, national undertakings, ministry departments, large industrial concerns, agricultural establishments, large country estates and the forestry commission.
Although they are generally employed by the client, private architects sometimes employ their own clerk of works.
A good clerk of works can make an enormous difference to work on site in terms of defects, efficiency and general atmosphere.
The duty of the clerk of works is to inspect and the contractor must give him every reasonable facility. So basically in practice, that means that the contractor should not hinder the clerk of works and he must be allowed access to all parts of the works. Although the contractor can not be expected to go to great lengths to enable him to inspect the building.
If the clerk of works gives a direction to the contractor, it is of no effect. So this means that not only can the contractor ignore it but also that he is in breach of contract if he takes action, on account of the direction. The clause then contains the provision that a direction of the clerk of works will be effective if given on a matter on which the architect is empowered by the contract to issue instructions and if the direction is confirmed by the architect within two working days of issue of the direction. The direction is then deemed to be an architects instruction effective from the date of the architects confirmation.
So if given a direction by the clerk of works, the contractor should ignore it, carry on working as usual and if confirmation is received from the architect then, and only then, carry out the direction. If as a result, the work is disrupted, the contractor will be able to make an application for loss or expense. In practice this is not usually the way a contractor works. Directions from the clerk of works are quite often treated as though they are architects instructions from the moment of issue.
The clerk of works is not employed to give directions, even directions which may be ignored. The duty of the clerk of works is to the employer. He has no duty towards the contractor to find defects. The approval of the clerk of works counts for nothing.
A negligent clerk of works will not remove liability from the architect so far as the employer is concerned, but if the employer successfully sues the architect for negligence, the damages payable by the architect may be reduced on account of the negligence of the clerk of works,
So in conclusion the clerk of works, job is purely to inspect. He is empowered to look and to note that is all. If he issues directions, the contractor should not act on them, unless of course they relate to obvious defects, until they are confirmed. Confirmation by the contractor is not effective.
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