1.1 SOURCES OF THE LAWIN NIGERIA ’ — A There is nouniversally accepted definition oflaw. However, we can 4 defing law as*tho: tations. backed by sections when | r flouted, which guide ‘he conduct pos rn. is isthe collection of large! ly Unwritten codes, tenets and social: " Bllnciples, cusioms and tradi tions practided ita society and handed ‘down fiom generationto gsnetation. Byen when G&British, came, this ~ | Tawwas not abolished, in agreement with the well-established Brush Colonia! policy at that time of presery ig as far as was compatibis with inaperial niles institutions ofneivly dependentierritors Shui; Lav (Islami Can also be grouped inder th the land, which ste then bind? distinct types of case j ngon the lowe: o, Outs. There are tq Se - OFCASE law ig ties led com moh ln These ae inles of law that line ben deve : ES otided nyseoon. , dealessentially the stat¢ and the public atlarge, erefore, are invariably insti tuted and gh its agent, the Attorney-General (AG), Public Prosecution (DPP), or the Police. Serious id by the AG or the DPP, while minor ones, courts! cases, arc prosecuted by the Police. Infew Cases, prosecution may be undertaken by a private but with the permission ofthe AG. to the position in civil cases, the complainantor victim of Prevent proseouti ither can he discontinue it. __ limited polwerto order restitution or compensation te the Victim in ., Stiminal cases, such powers ate merely ancillary to its main object. & - Civil Law conor in ‘heads, depending on the nature ‘end origin of the rights claimed by the complainant. The average person’s p Avolvemient with the law is likely to be in the field of Civil Law. For &xample, marriage, the most besic of human relationships, and its concomitant rights and duties, come under civil Jaw, So daclaims in “Contract” and “Tort”. (Tortrefers to civil wrongs such as damage toa N's property siation, assaul ass, steali wnversion, imprisonment, defemstio: fh engineer needs to know all the above. This is because, though the volverient of the average engincer with the law in the course career will be in the area of civil lav, ifthrough acts of negligence the systems or structures he designs are faulty ee uneh ike, cue ions may be brought againstTake preere Of Cet a NY our & ~ epee |e Jaw and the Law Snag “ * “55 Surid an yg ONSANTZATION OFNIGERIAN COURTS Theisseo Tursdiovonina matter is aprlininary one oe , to settle. Jurisdiction is he pow ial acourtto dics ateove uticula matter. ‘are iwo mail ichon— original and app Nate jurisdi ny nso esteemed ese gq mullity, that is. ithe’ no effect at ell. Gdemaiiiedaiee doen Scant wwould be quashed and the casasent for retrial in gecurt of cartipetent . iction. Thus, the need ioknow aboutthe otganization/andj jurisdiction ofthe courts in the judicial system of Ethe country. = nee broadly speaking, —{ssue in the case. Where a court wrongly assumes ju ee nits = i See ornative- n- aw or English- type courts consist of the (formerly Federal Cours ol ABE State High Courts, and Magistrate Courts Tiiciweafuars eat They also include such spect the Corohér*s Courts and Juvenile Courts which acnownady incom =F -law courts consistorthe ; andalso include the Sharia Com any i Appeal. The common-law courts normally deal with. 2 ee matters arising under statuito} 2 ycourts (ihcliding — Sharia) deal with matters arising under customary law. However, where appeals are taken from the customary courts fo the common-law Courts, the! ane ne ecessarily determine customanlaw matters. = TheSupremeC Court tis the highestcourt oe inthe Federation and the i pl cou a il by any oer toe or person. Jt has exclusive original jurisdiction in disputes Between the F Federation si State'or _ between States, It has no original jurisdiction in criminal matiers, The reason for this is that the liberty of the individual is so important that allowance should be made fora second opinion to be heard, shoulditbe el rerte-% dude Seeederal State High Courts urisdiction in the tria| of criminal cases. Capital le by death) and all serious offences can be ee 3 well as State High Courts. = ——". Courts also exercise original and appellate jurisdictions, them from the Customary and Sharia Courts. However, 1 riminal jurisdictions are'the conduct of preliminary. criminal cases with a view to committing the accused Court, and th ary trial Of Cases. Most states” v, however, abotished preliminary investigations, Inits place, | direct information is filed with the High Court Judge, and ifthe High _ Court Judge finds that preliminary evidence warrants 'it, he would then the accused for trial ina High Court. Magistrate courts are of various These.vary from state to state, and so do their specific jurisdictions. e states, for instance, there are upto five grades of Magistrate an try offences punishable with less than a certain number of ent (€.g. two years) nar fine of limited amount (e.g, | he Consent of the accused, All, except the lowest grade, aifeniees with, say, more than lwo yeurs’ imprisonment and/or, Ofine {except thase punishable with death) with the consent of ed. Thus, a person charged with steul ing (an offense punishable fhree vears’ imprisonment) cannot be tricd ina Magistrate Court2 : — Climaton law and the Las ao/ Contract : ee unis. Where he does not consent, the case must be : he High Court. The aceused, however, runs atiskofa~ -_. srishmentiftried in the High Court than if tried in a Magi Court. The reason is that where a Magistrate Court tries a.case triable by the-High Court, it cannot award punishment beyond the limit of its jurisdiction topunish. Thus, ifthe accused in this example consents tobe tried by a Magisttate Grade | (with punishment limit of two years’ gmprisoniment and/or | 400 fine), he can only be.convicted to 2 maxi tenn of two years and/or | 400 fine. However, where a Magistrate Court is convineed that the accused ought to receive a Greater punishment than the maximum which it can impose, it could send the accused to. court _ having higherpower of| punishment. _ Inprinciple, Customary and Sharia Courts have jurisdiction only if both plaintiffed defendant agree. Customary courts have very limited jurisdiction in criminal cases. Prosecution for offences under customary law can only be enforced where such an offence is contained in a written _ jaw. Hence, customary courts administer only statutory criminal lawand not customary criminal law. Usually, their jurisdiction is limited to offences against local government enacted rules and bye-laws. : ‘The jurisdictions exercised by the courts in civil proceedings are the same as those in criminal matters. Civil proceedings can be commenced in the Customary Courts, Magistrate Courts, and in the Stats or Federal - High Courts. Appeal lies from the judgement ofa lower court toa higher one, with the Court of Appeal and Supreme Court exercising mainly appellate jurisdiction, : ‘ : _ The High Courts and Magistrate Courts generally lack original jurisdiction in matters arising under customary law relating to marriage, family status, guardianship and custody of children, inheritance or other disposition of property on death of owner. Their jurisdiction in such eases is limited toappeals. Essentially therefore, these courts deal with matters ander statutory law. The High Courts otherwise have untimited ction, that is, unlimited in respect of the monetary value ofthe subjectwnintand.mal peceath of owners. ris, a0 and the jive original, jurisdiction in disputes between tion and States-er between States No ariginal jurisdiction in criminal matters. aepeliats jurisdiction from the Courts of Appeal. * No original jurisdiction. “t Appellate jurisdiction fom the Federal High! Courts, State High Courts, Customary Courts of Appeal and Sharia Courts af Appeal *¥ Original jurisdiction (Uulimited in criminal ma! civil matters). * No original Jurisdiction in matters arising under customary ‘law - * No appoliate jurisdiction. * Original jurisdiction {unlimited in’the trial of criminat cases, |. including capital offences). . No originatjurisdictior in matters arising under-customary daw. * Appellate jurisdiction from the Magistrate courts. * Original jurisdiction, limited in criminal matters only to the conduct of preliminary investigations and summary trial of ceses, * *“ original jurisdiction in matters arising under customary meee . Appellate jurisdiction from the Cust Sharis Courts. eee eeRE a , Conimon law andthe Law of Ceumyney TYPES OF JURISDICTION Votes 7 + No original juriadiction. ; * Appellate jurisdiction fram the Customary ‘Ui; and Sharia Courts respectively.) Customary Courts of Appeal @ Sharia Courts of Appeal * Original jurisdiction (very limited in criminal cimes except only in statutory criminal law for offences, against local-government enacted rules and boo. Jaws). " ae * No appellate jurisdiction. Customary Courts & Sharia Courts MAGISTRATE COURTS © CUSTOMAR ¥.COURTSare easily accessible to the common man. He joror lower-level jurisdictions in respect of the mon ge nein seat, andalso in the value of claims or another. Buying and si that we do not avert our mincs to Not until we feel dissatisfied w ; thought of our legal ri a tes 2 voluntarygard to contracts, t have not been carefully} contractsare indispensable are cannot be total: g practice. This is because an engineering project ‘which may take any of various forms or types. Itis therefo ‘an organization tity not possess sufficientresourecs tormnall i it intemal resources. No orgamzation and problems do arise inte: kaf'sufficientresources can be simply. question of insuSi jent =r, ora lack of thenecessary skills or machinery (especially with the wide range and degreé of specialization in modem techno logy). r giving jobs outon contract to contractors cannot be totelly avoided, . ll orexperience in that particular fieldAnd a high degree of quality Te desired in the fnished work ; {ss nical know hovs The job may require a high degree ofprofessiona! ui specialization. : B, The necessary capital or finances.Cor - mnton faygand the Lanse of Cromreréi £ Time. the volume or extent of the job mag itm | Organization may beinvolved in other projects, in eaten | contracting the, job out will be inevitable 5 : Und to bear the risks involved with the =e wiconvenience, es involved in yjob’s execution. h Relatianship Retwecr Common Lav and in Law af Contract i ———— ee — Cont cnet ag ee vaslousaspectsof contract law. all have their basis ingor 4 : law. ithe general silesi oi fprineiplenof aw thet ha test [ | CE ce giveamtotidone ae a rf | -aruscoe gone taough or conaitons arms been ORETTERETnto ( atépally binding contact, os Wellasthedemiixotihcenttememotin— / Contract itself. a SYC-1S GENERAL PRINCIPLES OFTHELAW oFrcontRact I MLE Vaity ant Tyernblip Geo “The legal obligation to perform contrac and ubsequlyenfret it, isis only where the contractis vali ting tothecreation,, of a valid contract are four. These are the existence of’ anofiet, macceptdhce, There ntuist be ah offer by One perso} . There must be an acceptance of that offer by enoherpencnte whom . the offer was made (theofferes). 3. ‘The contract must be supported by consideretion, . Therermsts* ‘on istration tv enins and enter into kegel relations “between the two partes the dine of entering the agreemne { a cbertin tr Gale ang ha Felons!25) whereby iti between two parti 7e (e.g, to supply equipment) 12 ly, to pay the. price). A contract offer which the ot er p making the offer is willing Th fist be cleat, definite and final,and relations, An offeris made witen its belinaileextsly by writing, orally OF iment orchange, no maiter how minor, orto if no matier how minor; thisis treated he offer efiectively rejects isitself capable of acceptance "Bither to an individual ormade to the public at iarge, for example, through an advert, and a definite acceptance. It is this offer and acceptance which ‘Constitute an. agreement between the parties. For example, the signed bid by Atontractor proposing to esnstnxct a project constitutes an offer, and there js an acceptance when the elientholifies the winning proposer, Adistinctionis iisually made between m offer, whichis definite and fina?,re Oe and what the fawecalls “ah invitation to treat (2. to nepotias a reat ivan offerto receive offers ot an offerto negatiatg, Again to ; ie esac ren : e™ay acce reject. Forexample, ifa company advertises its shares for subse, gt ‘Plor rev advertises hishouse for sal, this is mere invitation to treat, arene pepe fj somegna, Tene eS ee i Offer to the advertiser. Also, inn auction sale, an guctioneer’s ah f not anoftr but a mere invitation to treat. Itis the intending ee i | stare making offers while the auctioneer accepts theft whenthebarancs | falls. {tis itivitetionto treat and notan offér vihen sellers display their pods.” | with price tagsinashop. Acustomner who picks up the goods isnot ~ any offer, He only makes one by offering the money to the cashier, but the | cashiermay still reject the money. Acceptance of the money constitutes a | Acceptance ofan offer is ineffective unless itis commmnicated to the } offeror An offer may be revoked or yatbdrawm at any Moment prior to | “aeceptance. However, once the acceptance has been commumicated to the } offeror, the contract is already made and binding/Acceptance sould ein _ rit ip Grabor! ii Sometimes, communication can be waivedand \accepianice ean be by conduct or implication. simple example ofthe latier a flighit be the purchase of a newspaper at the newsstatid cath moming,the marchaser putting down a Sum of money and the-vendor handing over a‘ =e eparticular newspaper without a word béing spoken. In reward Gasds, © ; -ommunication of accepianve is not required; performance is equal to Reps —. 4 The mode of communication could be either instantaneously through lephone or by post, telex or fax, Whena particular mode 6fcommmnication acceptance is prescribed, the offeree must coniply with thatmode ora racde that is faster; otherwise the agceptance may be rejected. ifnomodeof acceptance is prescribed, acceptance mist be in the mode in which the offer was made, orina faster or reasonablemode, Ifcommunicationis through the post, the law presumes that a contract is completed the moment the letter ofesthe supplier could oO eae sett isle om the supplier col pce "a quotati a r perty must have fimmished ser ofapromnise forapromise, il 2 mise foranact There must be reciprocity, y. Consideration | icemutually, patties toa contract, Thetprceisnot necessarily inpecuniary ormonelary tems. It could ba services or any act or omission#0 — a a. Common lew. dnd the Law /coige, f yeneficia! ot detrimental to the parties in question, Onn My ‘ Constderatiqn can be inthe fim of ari hit interest, Mi otthe tire the agreement is concluded, nothing - hasy ezbeendaneio fulfil themutual promises of the contracting parties,” to of WA le mance ofAbw'stl pation. requirements are here part of one transaction, oa : “Sq__ Inlay, only apeison fo bins fied tien cn ! to enforce a promise. Absefide of censideration on te inte toraiofnon ecnenee ce g. giveria gratuitous promise yy the o} er aTTy ‘orexample, if Oe because there was no yas no consideration: Alsggif? debt Kunloisewghim andeven signs geonl a anges mind an stint oreo pevy q in Carr, lan" dvo Hold) Wiidohi@ AMAA el a ins gad ayelh VMTOOALL AHL 4) Al ab de egy La aya th i jy vv tho suownnnnl doe, MH eye lay Ey he i! nt on tantly oii iy wuatvns)ouenenlya Ne Nt Meg oF linet Gta yslabte peut) Wa nventulthnt atonal ypinnthatiliaal anol they 7 rant A vdhlnnredgunable line afleryeands, \ \ . F pocewanrtew alan apply (0 Lasane perwang, CORMAN Hynde hy persdny of wnsound mind wre, an tho faut of il, » Yalich Should thaoddor party know’ ofthe nientil inenpoutty, Ant tng p undue advantage ofthis iy dedwiny up the tonnin altho content, the tractis Wikio ar thedastangeot thy thvnne pew Curing alpald Interval, atthe Ihistance affa pemsortayipolnied by the court ¢oagl on bik bebholt! If son cadtacts uncer the condiionof drunkennese, and hid mid cannot r istakon advantage Ofby the or, ratily a consent ofg party. to a.oqy nant be genuine andl must not be aiped by find, aisryprreeninion, unas, undo intluarceor mistake, Df Misrepresentation; A misreprescatation is a statement made by One Perty:to the other; before or at the time of contracting, with regard to _ Some existing fact, which is one of the cauoes inducing the other party to enter inte the agreement and which proves to be untrue or inaccurate, ‘huschtements of intention or opinion are not misrepresentations, nor issilenca Se ae ee finudulent, ojligent or innocent fpresentation of fret i re - et “ , recklessly without bellef'in its truth, wi eo ot false ia y without! », with the intention thatit be actedoff bert) misled mains fatber econ le dena -Aninnocentmistepresentetion isnotectionable. ~_ a A negligent misepresentationispenerally not actionable, exceptwhen 5 ipoftrast exists betiveen the parties, forekample icitex/” __ageinsthis wall andtold athe yoiikntberleaed ntl bee into . the contract, the contract can alviays beset aside later, Iti, oidiblen at. - theingance ofthe par whomibeduressisepplied LUndustn ein epresen Fairies | ce, a by menial, moralor_ psychological persuasion, Heretoo the perty affected may sepudist the coritract, > buthemust prove theexistene ofthe nde influence . Undue influences presumietto éxstustessthecontrarys proved where scone ince tiga tity dooie jonship, oenthly allowance, and after to contin opaythe all theagreement cannot be enforced under law, Also, ifa man promises to buy acat forhis wife, and i ouying itreilises to transfert to the wife, she cannot sue him to enforce the contract, because that wasadamestic arrangement, Tatettion fo exeate legal relations are ctwaya resumed in cotonieecil | “nal business-agreements-and-such-contracts are enforce fedto be taken seriously, ‘For example, the promicoby a teacher to award an “A” grade to his steele teiinch'samereputfandectinentttabetaken ve.5 Wherithe contin ona las cxpresly sachin initolegal re} aaa 8. that anything done underthe transaction’ ean, Enon a nah tretinoin 9 : itd oaoladivlanty oie : choice orto decide forhinnselé. a ongof the insane party’ s lucid periods, itwillte binding. _& c.__Diunkemness: Thisis similertotheconditionof insanity, fa the case ofinfants,seme contracts, in nparticulerloans ofmoney and the supply of goods, other thannecessaries, and contracis which would operate~ -totheinfant’s prejudice are absolutely void ifentered into by an infant, Some contracts are held to be bi: 1 ‘gu ceciaine eopettastioen tees ee ot eeft. Sanita | ly, documents fo snc pom eer "Tamaamlaeescnloneon esa i [a Aneto oy tones 6, Accounter fer by th custome: ‘d Agim aco hing Sosckonictgsnen, of the custome. The lat step tbove may lavolve Me nipple sending his own order !: Ocumental sand not just ordinary representations, ‘two parties are likely to be different Amor £ Will the customer have'a right to compensation if the goods are "delivered lete or the installations not completed on time, othashe’ “ eipned away tistightby mungtie cont n thosupplirstemus? This doctrine states that only parties to a contract can sue or be sued upon it. Third parties or strangers to the contrac wave no such Tight, For Sxamnple, where a contractor awards.a job to a sub contractor, the main contractor will continue to be liabiein contractto the elieatforeny defect in the Job done by.the sub contractor, Of course, the main contractor Meandhasp ower fo elect the Al pos Sionviteeaoiripates Liseiberbers ofan.fps asduct of Heparin. Ha send leptimty i into’ behalfofthe co dj through. oth procedures. Orperhaps the 1 pent hag not i x guthorized atall to finalize acontract; only to prepare andriegotiate il, ~ * nottoenterinto iton behalf ofthe prineips i entrnay exceed his limits R sees fhe lave8 ee sates asfolow / i Bec ee 1.6 TERMINATION OR DISCHARGE oFCONTRACTSC ‘When a contract is terminated, the parties are discharged fom their obligations. There are various ways by which acontract may be terminated . Among hheesnes routes dtennination y breach, | © Bett Se ofthe agreed obligations by both 3 pastlesto t contract dischargesthe contract, : ieation entered nto’ Aconitract Saar ens be cent ooo nt sa aBrecch of contrastoceurs, then aright of action tion (OFF erica wurtsto remedy the niatter. The particular. ‘right ofaction of onl dbyihe injured party overth the — arf smitdies (or rights of action)COMMON Ne BM the Lew of Comer oc, roy ian BR. we . particular breaches ofcontract. The remedies will depend om ee nt bieaksa E- Where the Bully pariy breaks scoidiionof he contat or act Seriously, the injure 38 nay treat suclia breath an: J = th E at a pacrien wa differ dry ia pl atti the cdutmet prige nnd the ewer stealer goodrar the buyeri (yo Wt ppl yeoman Wy oe eres ube. to mitigate theo € Sere east co should be done; orit id notbedone. If, forexarnple, rlightelub and not to jot att iipt to enfore® the“? ie ; © Common law and the Law iy Saree “é d in major carittacts, This is where bath parties n Pre estimate oftheloss ta follow from » particulm, ret aaa cn if somnethinig vibsequoritly Vignes Usavailible as amechanism forresolvingal kirtitof disputes. ly more satisitciory than taking the dspten court. tis amo 7”__ CHAPTER TWO COMMON-CA! ENCOUNTERE, = Sea TIRG TRACTOR ‘There are many different typesofcontractwhichan engineering pratt omer may encounter in the cgurse ofhis career, but only afew ofthem wil) te mentioned and considered here, i 21 CONTRACTFOR SALE or Goons . ‘one ee ply coniract: = aes fet,ron ENGINEERING PRACTICE n executed contract while a0 dan greement to sell property inthe goods wiles atwlaterdate. & .er ae a. ee anaceMeNT FOr ENOINAE RING peat Ck dam awd et whilean — seller can ileeerangioinatt sell, the seller can only tie od ci for breach ot compact.” Taajarily gives china: ore rales flaw defnitg the oblipaions ofthe pariies, : ded forthe:- t a . Yee mee | 2 anmon Contraen Meme. py Furie: : UEP nt Brun ‘the; esse iar fo its very ty nate thas non: “party fhty tas : by hoother party AS A SUDSLAn tial failure to perfor oper form the ecmineet z metered gives him the right ta repudiate the contract and coclaimn elaine Ror damages —— ane ~_ASwarranty" is a tet which is the ato ofa, It should berated, however, Sate coniitin ea bieach of warranty with its attendantnally fall onthe owner. theseller may sue the buyer for the price fic goods and the property property has passed to the . gpodatirbschofccion but conc. Of property, goods aretirmadty classifiedHt Emginocrins: Mricney le Alice Tow tine Purchase. roperty in the set, and So (ie risk, bas passed tc hit whenthe mode. also that when the performance ofa contract is duly, ted by the: finaly vaione paltys the risk of loss or-damage falls on that pa AMERY. Cli Une bows ple, ifthe storckeeperlod failed todeliver thetelevisionseton the Whois: rea hnesday,end theburglary and loss of thesethad taken place that Tsk aa then Mr. Alade would not be liable to pay him the purchase Drlee. area ‘Where delivery involvesa sea journey, the goods remain athe agers deicumbess hegives he a a naticesa ‘hathe can ingre shee ioe a 2. 6 Tra afr of Tie bya Nonowner a- = A (ownership, during, (re btaliss the title, property and ownership theo possession top atthe endof the contract period. front, and ACT FOR WORKS AND MATERIA ,eaf supply. contact. Howeves In | supply equipment | E will suppl| pe en Contracts Encutinierad J Engineering Practice’ - 4 ost contractors will require [jer work process 10 prevent cas ow prow sti For this reason, in large - Amuncts, stage payments are, thecontractoraccording toa prescribed - scherne. ILis common practice for the owner to pay thecontracior portion of dv.tee ot specified intervals, suchasmonthly, with theamountofehpayment depending on the value ofthe work completed during the prior period of Sime, oF acconding ty some other schedule. —— willhave | “detiihin then,a4 ofratitication isto put the princips Sa | ; b it eb conduct, an act, statement49 » Pao ~ belongto the principal. - oe 0. eT, 4 Common © Wnteacisanconntered in Einginwering P ractee “ ‘ 4, tlemustnoldelepate hisduties, S * An agent himsellis a delegate of the principal, 80 sub-delegation ee prohibited, Exceptions tothis rule are ifthe power to delegate can be f drawn from the agency apreement or if! there is express authorization tp delegate from the principal. s : ee Hemustrespectprincipal’stitle, t- A ee He mustnot deny or dispute the principal’stitle All properties, money ‘re ll ther things farhispossession porsuantt the agency relationship “Rigit i aliensifen agentisnot indeltinifiedorremmnessted. then d ig agent retains any of the principal’s property as security (this isknownas. ight of set-off. If the priticipal owes the agent, he cari deduct the debt =aor te WAND MANARIEMANT ; ‘ MOMENT FOR BAGH ERINC: PRACTICR 46 3 3. manne emunify third parties suffering loss as aresultof the agent's Provided the agent was acting within the scopoofhis authority Principal's : : |. “Temaination éfthe agency telationship with orwithoutsioice and with o 2. To bringan actioh for breach of contract or anaction fornegligence. -3, Torescind the - “th f sing ofthie Contracts of Employment Act (1963), @ contracts. svas merely a matter of agreement betweenors Kneountered in Engineering Practice uty 8 H gener al rule. In many cases, some of ormplayoe with no writing nece cUntigatons HaWweenl je parties were rout nied by by general contracts formed te ween the trade unions dnd federations of employers Or large corporate. aviwyors, The 1963 Act had undergone several amendments untilit was oniyoliddated into the B: ployment Protection( (Consolidation) Act 1978). ‘The 1978 Act laysdowa minimal periods of notice whichmistbe given toon iployees based ontheleriathofservies. Forfour weeks" service isrequired -*rendinom of one week’ s notice, while foreach completed yeatg service up” ivinga: entileniate. 6. “intervals af which it will bpd» Re Pe Teas endcondionsregaring snes and sick aysexy tipo i felevaiit conimict of str gulited by sia a ieeaiipstch make good his losses), againstaall expenses, and liabilitiessproperly incurred in the proper 3 é of his duties. Thecmployee’srightto claira indemnity extends perfeapanc 3 on to acts which are illegal, so long as the employee was unaware of the { 3. Prensa F a general rule, every employers bound to provide wverk suitable to the worker's ability every day other thansest days and public holidays. ) However, forsa long as an employes is paid the agreedtor prescribed remuifiendtion, hecannot require the employer to provide him with wark, apart from exceptions such as where commission is an essential feature of the. remuneration. [ {his is for this reason that, wherean employee! is entitledeS) ( enn Colttnats Bncountéred:in Gingineerbig #4 vou period of notice, ai cmployer-cait termina ate the contract without? BY ing thei necessary notice, proviced he pays the employee. the salary for ab amber of months forwhich notice should havebecn given. The duty: ‘where, the worker emp comical etn : i respect of the-halidas if} sw irises : * hourtwice daily doring her working hoursto tendto her baby:In papi : mostemployers allow thenunsing mother toclose an hour eaelicrthan the” normal closing time. Itshould benoited that the right to matemity leave, € andsubsequentconcessions, apply to both married andunmaried mothers. ‘ Safety if The employeris under duty to take reasonablecare of his employee’s safety. Someof this duty is imposed by ste tute, forexample, the Factories Act, which regulates the safety of factory workers. The employer must provide a reasonably safe system of work and this principle covers not only plant and premises but also such things as management arid supervision of the operations. Forexample, underthe Employers’ Liabilityicsectemmcemretans He may, however, escape liability ithe succeeds in showsig thal lhe statement made by him was true, or thathe had alegal, social or moral duty to make it and the recipient has acomesponding interest in receiving it(provided it was not made maliciously), Where, forexample, anex-employer writesa reference in which he refers tothe ex-employee as “a person of shady character”, . he would not be Hiablein defamation ifit is proved that the latter is a thief. :beliablein deceit, ifhe gives a false referenceBhgineesing Preach ko wing iLto} ie and iitending the obit sat onitand that onin fact ucls on andsiifers damage: Thirdlyjhe may-beliablc for - | careless andinssuch a way tha: be : = -Underthe Race sian ci G759)tane eensiaeale discriminate: on ground of race, colour, ethnic ornational originsabout con iffons coe taining, promotion 2 Duties ai the Employee to the Employer “‘Theemployes’ Fe Fes ntts overcoat igh : ie epictaealec regulated by statute. Listed below are some general cuties ° which the law would deem to apply in normal cases. Ae Obedience ‘ : ~The employee must obey his employer’ ele orders within toad of the service undertaken by him. However, an employee is not expected to perform an unlawful act or expose himself to personal dangerarising outof the employmentother than that which he has agreed to accept. Ye. Reasonable Act ie Employee must use reasonable care not only in looking after his “« employer's property, but also generally in the conduct of the ernployer’s affairs, Hemustnot actin any manner designed fo! drommin tho conaiialg objectivesofhisemployer © -: + -2.6.3 Healtis and Safety-at Work La eo Toachieve total employes welfare end profegiion, anf overall public and industrial safety, is a very vital and importantgoal mthe society. To this end, there area long seriesof statntes, acts, regulations, byelaws and special cequiremenis in existence. Some are based on employee welfare considerations, some basedon consumer safety and protection, and others dircetly selatedl 10 potential industrial problorss (e.g. control of potion), and so om, There are egal and social obligations that every employer, employee, masy x or supplier has to bear in the society inorder to ments havecomeunder several nares and have and Séfely a Work Act, The Factories Aci, ae in specificcontexts over the years. Some of |Let Ce retort Conivadis Mucrwiteredd da dagivees ig Prooilee ploy one Lis Fire Prccautions Aé( and other similar regulations. Hawerens Een igtcal nantaim tobe ate ReaD aE Te, taba of | “statin Teen Pia tocclntcta aLAD ~ ides (ermployer, wacker, and government aeicwolved_ in the legal structure, in investigating accidents, resear ching accident » prevention, enforcingthelaw when things ga‘wrong andsocn, Duties are imposed notonly on employers, but on theemployees as well. Roti ofthe Health and Safety at Work Law . These: eb iactasesad under three major headings: cots linposed on employer towards thelretnployees; 4 “b. These handling, torage aga Bthportofwricles and substaces} provision of infotmatien Instruction, supervision and thore cone apparatus; odin lies cua f cr ane ives factory)ele, - : nscnubteurreforthe health and safety of ‘who nifty he affected by their acts of, us r-fusiltause safety equipment or failure 10fae a Chatter Contracts Bawanannreredd dre Bnigincertigy @riarce es are under 4 duty cooperate. with: their Sm ayer aml ely. ae Tas Pe icnalyintow anny si fety or yotice fen : : Whe self" ne works in a contex! where he comes int0. - # conjact with cthers (who are nat employees of his);heis under & “general dhuty to conduct his business in sucha ways not toexpose others torisk ip health or safety. , “Theirduties ae ae: - ee: : SST “Toensure that their articles or substancesare safe A __Tocany outany necessary testing ofthe article or substance, ih. Toprovidestequate information about the article or ‘substance, end g i. Sido msec estotors ori tobealih ave suet | @ Erectorandinstallers of plants and other materials = Special duties are also assigned to these ones. Certain _— Detailed legish ion, regulations and guidance of codes are alentnhes“CHAPTER THREE ONTRACT:PROCEDURE Sister tor tet concer mainly comitracts for works Contacts: Hower ‘rman of the principles: 35 thepiher contacts reviemess in ithe last x < “onTRACToOCUMENTS ae me nts Zi fou the basis on witich anengineering contractor . 4 -Billnf quantities ” _5 instructiotisto tenddfers &r Soun of Trager” ‘Por Fanmofegreement 4 tecdesigned to protect the interests of all the pat. a3 r Wed. The use ofthese siandard conditions ensures thal the pares are mile with their termsasaresult of commonusige and theres less likelihood. SD eriecadiioen, itisdesirable ioe special conditions,: * Ineny event, ot amacrine nn tendering contractors, : theertain specialized classeso civil engineeringswock, the responsible Anleeities or bodies have seen fit to introduce a number of clauses which Y or supplernent the standard clauses of the ICE conditions ta meet “i particular requireméats, .g. foruse on power station contacts, for uC on roads and bridges contracts, etc, "ssh. For building works ts customary tomakese ofthe stan condtirs isiicd under the senetion of the usociations of architects and.other. WiCor euct Pemveure 2 a, oa iand peturally refered to vt tha (0.7 Condisiorns (the beaea. ! ee Ti bunal A gresinont! qd jchaiae iif Conditions of Building ; ie eins ffi SCTE (es Co si a eee, om ontract (International) for. works of Civil ioe Constection)- They havebeea expecially ne (CE Conditions ~ f Conract. La : Wie acontractis very init inecent ndibeintol a i decal —. ae game Oe ‘Gaibe in suificlentdetail to pemnit ae ; J suds camry out tho work eatistactorly. ‘i Sl aah | & Aelia tp oft ers Sr O he provides irs. distinguished on the drawings. Niceanings tld mea ndan_ Abi of quantity copsistsof an pacamyedout unde the contract. a s.wvith quantities entes fev include the matériel, dbour and plantroquired, 4 Teainst each itera. Bachil ~qulesspiSvisioahas been made elsewherein thebill fora separate assessment of one of these components. “peqmesancompied ete Gish wekshownonhedaviN silt rion eived rmibespciicetonadthe drawings Quite forengineering works are normally measured inaccordance with tandardi| Methods of Measurement (SMM), These have detailed in them recognizederal niles pertaining to Theacueent to, ation discovered during’ Arewings and spsible the quantities of es of, work to be executed,’ -and the actor enters'a unit rate against each item of work. The extended total es ‘he tender value, Provision is made forthe valuation and adjusimentof Ibs fc varied or additional work, The client rmustprovide acomprehensive © of (juuntities because in theabsence of this, the ane to be prepared by the patractor will be undestakcen ina relatively short time andhe will price high iclent margin tocover tor any items hemay inadvertently have20 Pon act Peace duce Hetiblé eros faveable oer issimilarto abill of quantities but without the 4 fies are somelmret mega to assist contractors inpricing xd in the subsequent comparison of the tendes figures. The tg where work is expected to begin onsite before } Hi:complstion of the design stiga Te eat “a? » Theycan be prepared quickly for projects of long duration. During the execution ofthe cacly tages, an accurate bill of quantities can bé prepared o | ; + firth retnainder of the work, and the bill priced using the zatessupptied Antheoriginal sebeduleby.the contractor already amployé2'ba sites Orhich normaly shoul b 2 eres ertcruens ving resident engineer some control over the level of labour ¢ anette andwaste |Copirge! PZ lig “a thatastart onsite a the. eat; us in thelong run wake Tipe area stating de t Pee betyreen ota anccontinttse Ee epercentage for the ee. i, Theigherte pine com, te higherinernanegement ee and there is no / incentive for efficiency and economy on the part of the contractor. + Therefore there is the need forthe employerta: svide supervision in order to protect his interéBts, 2. By delaying the completion of thé works, the contractor makes profits “on money paid for site supervisk > Site maintenance, te. The fe Auchiai. ivy 6-3 oh WyatGiny, prin'cost uation iteang oA We ccrpetstor Aisnysca cece , ssundertalcon by sub Gonitactor select in competition. The managemi4 coniractor’sroleis primarily that of planner, manager and organizer. 13 common services to the sub contractors such as welfare facilitis: and plant and equipment that isnot confined to one sub contractor, and tz alte and projectplanning, management, co ordination and contol, He is pei -afee for his services on a monthly basis, in addition to the cost of the wo! undertaken by the sub contractors. Management contracts are mc appropriate withlarge complex projects, i: ;Coniracd Procedure eet es. the basis of pre qualification, contractors invited to pre qualify are hed to siibiilt details of their experiencerelevant to the specific project easton, Thefts tobecusieredcxnbocs eT: granted and no longer ty to rmaintais thenecessary standard. . When acoptractoristog y, with other jobs atthe moment he isinvited totender, he may sabmit an Bae ei eeiedeomfter anders the offérth offlerto remain on the approved jist, : fe: If too few responses are received from the invited contractors, time is wasted and additional expense is incurred in repeating the tender arrangements by inviting tenders from further contractors,nf ere is carly contractor: selection ‘accompanied by aquick rstarito, ” dcompletion of, the e project. j filed pricing mihods eek E “The “TenlerPetiod a atic pcan for ‘areasonable te "\ bemide, Tenderers must have time to familiarize with documents and. + Sites, dbidinquotations cide the best constructional methods, ete: Provisions yaust be ihade for gueries anclPre tendermeetingsi inorder to: "clarify elidoobiful points, =. «Amendments tothe tender conditions can only bee Afany ngw information comes to light, ! rod post oF hand | Receipt of tenders, Tenders must be sent by registe | oe hoi are confidential and should emain ae pa designated time for opening, Tenderers may amend thelt : ateny time before the opening time, Tender received after th ‘ee date and time are invalid and should not ve considered. , alTsien Heels net ueceansly tate 3 : unvseinbibess expect to pay ote sd getalot Ita smaimes ‘esultinlosing everything. Some addltionasitriagre: i Reputation or ‘Pastexperienct of Contractor as to quality of’ jobori its timely : 2. Us cna tony be xn Wish oye ! Cost being cuts. 3. Health and vitality ofcontractor iecoce gst . a neo Seen anne a i gilt tal Ste. Contract Privpature 24. Exhigg sicontractor may propose anmethod that would contravens the: " Healt and Safety a Work Law, 8. - Consltions ofpayment seslow costs should be assensed. fat sub/contmaclors, the Sic Women tae ck SR Eko : ie ee tami | i. Santractor. NS pomasr THEE J i ACO! comparate badly suct Ba i _piprontinemonsies , Statutexy are b> "Tae employer eppoim#xprojecteuginer (orsimplyensines) representative to design the project, superietheconsrustons wok SE z omens te contacter andsetle ary disputes. Teenie ‘pom ef may bea memberof staff of the emptoyer" sorption on ner jp of consulting énginetrs hired for that purpose. The ‘Theengineet — Ver to thoomployer, but heis required act withinthe en : g empty owes a wipes ime ame ig and the contractor. . |Thelowest de since pls cls ey unwise inbiffiness fh expect to pay too litleand.geta lot. Itmay sometimes | Rath inlosngeveryhing Someadditoralcinare: é | 1. Reputation or past experienc¢ of contractor as to quality of job orits timely completion. - 2, Useofinnovative Solutions by the contractor which may lead to time or / Cost being cut. 3. Healthand Vitality of contractor ifthe contractor goes out of oxiness, } A an incomplete ‘Contract causes added costs and delay.» ef 4 + «Contract Proeedur: it WOuld contravene the: Paco Feeoerinbaiestoiake pot oe ES ito : elves, mot the client's ‘organization. A powerful means of oe sie toa project's success, ‘This may be done ae epics —eovenmentdepartment, roinistry, statutory er)as his eames . ) \epresentativetodesign the project, supervisethe eerappoind Theenai t at or payments to the oontractor and settle any disputes. cee 5 nay ben member of staff of the employer *s organizati eco nn of consulting engineers hired for that Pa neces e ems jPainly to theemple loyer, but heis required (0 a tite uatially, honestly, and with professonalinay ei } ANd the contractor. z be"4, Establishment ofthe most economic method by which the cbjectivecan ba Sweeny he achieved by the time requitedStaking into account the resources somite, /tceating reeponsbilites in conformity with themethod selected, isnlso in a position to perform the following responsibilities: Defines the paoject and undertakes conceptual design. States the requiced performance and quality of job, ' Makes the site available, ani Mey employ Consultants to cary out certain detailedengineering doses Seen ting on the professional experience and competence of his ayContract Procedure . of access _ ich can affect the design and/or construction of the ijacent landowners such as rights of light and way and pipe easements, the i capaly er sewers, water, gasandelecticity secvices, availability ‘of materials equired for construction, ease of disposal of surplus materials, ‘Groumdwaterlevelyand liability to flooding and subsidence. =~ = ol _Fovjhé groundinvestigations, the engineer is further required to poss suffcivn experience and expertise tobe able to givein the final report specific Tecommendations with regard to land use, the typeof drainage, roads and foundations that would be most appropriate, and an indicationot any specific hazards which are likely to be encountered. These potential huzards co¥ Mclude restrictions relating tosafety during and after construction ° bre . . way sta dan Be