1.4 COMPLIANCE WITH LAWS
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.