1.1.
4 Parties in the Construction Industry
The most essential person is the client, who is to pay for the building or works. He may be
referred to as the building owner or promoter, but the term “employer” is used in the JCT and
ICE forms of contract. The employer may have practically any status. He may be a private
individual, partnership, limited liability company, part of local or central government or any
other incorporated or unincorporated body. Contractors are not usually concerned with the status
of the client, and assume that someone will be held liable to pay for the work. This is not always
true.
1.1.5 Contractors ( offeror)
The person who carries out the works is the contractor, sometimes called the builder, building
contractor, civil engineering contractor, etc. The employer and the contractor are the two parties
to the main contract, which may also be called the construction, or engineering contract
according to the nature of the works. Although there are other persons connected with the main
contract, who may even be named in it, such as the architect, these are not parties to the main
contract. Their relationship is by separate contract either with the employer (as in the case of the
architect or engineer) or with the contractor (as in the case of a sub-contractors) or even with
both.
1.1.6 The obligations of the Offeror (Contractor)
The offeror basic obligations are to comply with the contract documents, which define the work
and the time within which it is to be done, and to comply with proper instructions of the
architect.
1. The Contractor shall subject to the provisions of the Contract
a) Construct and complete the works
b) Provide all labour materials contractor’s equipment temporary works transport to and
from and in or about the site and everything whether of a temporary or permanent nature
required in and for such construction and completion so far as the necessity for providing
the same is specified in or reasonably to be inferred from the contract.
