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ARTICLE · 27 DECEMBER 2013

Important reminders for superintendents of construction contracts

Kott Gunning
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The article addresses some of the more common pitfalls often encountered by superintendents of construction contracts .

AustraliaReal Estate and Construction
James Saunders (Previously With Kott Gunning)
James Saunders (Previously With Kott Gunning)
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Superintendents of Construction Contracts regularly encounter difficulties and we address below some of the more common pitfalls:

The Superintendent is not responsible for supervising the work

Generally, Contracts Superintendents are not required to supervise the contract works. In fact, the Australian Standards ("AS") form of Contract specifically states that the Superintendent does not assume, nor shall have any duty to supervise or control the Contractor's performance of work under Contract (see for example clause 8.3(d) of AS 4902).

Superintendents often cannot resist the urge to supervise the works but must be aware that there are a number of very serious implications, such as transference of risk, if they insist on doing so.

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