3Obligations of the contractor

3.1 The contractor’s paramount obligation is to ‘carry out and complete the Works’. This is stated in Article 1, and reinforced in clause 2.1. A court would normally hold the contractor wholly responsible for achieving this, irrespective of whether the contract administrator visits the site. Clause 3.3.1 also makes it clear that this obligation is not reduced in any way if some of the work is sub-contracted.

The works

3.2 The works that the contractor undertakes to carry out will be as briefly described in the first recital of MW16, and as shown or described in the contract documents. It is therefore important to check that the entry in the first recital clearly identifies the nature and scope of the proposed ...

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