1.4 COMPLIANCE WITH LAWS

4.1.4 Compliance with laws: Clause 1.13

This very important, and potentially onerous, clause places on the Contractor

the obligation, in performing the contract, to comply with all laws, regulations

and the like applying to the project.

Unless otherwise stated in the Particular Conditions, the Contractor is to

give all notices, pay all taxes, duties and fees, and obtain all permits, licences

and approvals, as required by such laws in relation to the design, execution

and completion of the works and the remedying of any defects. If he fails to do

so then he must indemnify the Employer in respect of any claims the Employer

might face from third parties resulting from that failure.

This can in many cases place a heavy burden on the Contractor. It is to

some extent mitigated by the requirement, in clause 2.2 of the Books, that if

the Contractor so requests the Employer must, if he can, provide reasonable

assistance to the Contractor in obtaining copies of relevant local laws and

regulations and assisting the Contractor in applying for the necessary permis-

sions, permits, approvals and the like.

As for the Employer, he has the responsibility of having obtained (or, in due

course, obtaining) the necessary planning, zoning or similar permissions for

the permanent works, and any other permissions which might be described in

the Employer ’ s Requirements as having been (or being) obtained by the

Employer; and, again, if he fails to do so then the Employer is to indemnify the

Contractor against the consequences. Thus, for example, the Employer must

ensure that carrying out the works on the particular site will not be a breach

of local planning rules, but it will be for the Contractor to obtain all the neces-

sary licences, permits and approvals for carrying out the works to the site.