1. “AND AS LONG THEREAFTER”, i.e. as necessary during the maintenance period—see p. 65, N. 2.

2. “SUPERINTENDENCE…BY SUFFICIENT PERSONS HAVING ADEQUATE KNOWLEDGE”. Makes explicit what was implied in the 4th edition of these Conditions.

3. “FOR THE SATISFACTORY CONSTRUCTION OF THE WORKS” should as elsewhere read “construction and maintenance”.

4. AGENT “IN FULL CHARGE OF THE WORKS”. A contractor’s agent is normallysubject to control by supervision of his superiors from head office, and may have no authority to order plant or materials or make decisions involving more than a specified cost. In ordinary language he is in charge of the works subject to certain limitations, not in “full charge”. As a result of this clause the engineer need not accept as a reason for delay in obeying his instructions the situation which does sometimes arise, where superiors (often in a different country and with no great knowledge of the site) must be consulted by the agent on even minor matters. j′

The engineer may withdraw approval of an agent if he finds that he is not “in full charge”. If there is persistent failure to obey this clause, at least in theory the contract may be forfeited under cl. 63 (1) (d).

Unlike the engineer, the agent is given no specific power to delegate his duties. He is nevertheless entitled to delegate subsidiary functions as long as he remains “in full charge” and may send any “qualified agent” to assist in measurement under cl. 56 (3).

5. “SUCH…REPRESENTATIVE SHALL…RECEIVE ON BEHALF OF THE CONTRACTOR DIRECTIONS AND INSTRUCTIONS”. Immediately the contractor’s representative receives instructions or directions they take effect as if they were given direct to the contractor. The representative has power to receive directions and instructions only, not notices required to be given by the general conditions—see cl. 68.

Neither is it required that the representative should have power to make agreements binding the contractor. Therefore the engineer should have a representative’s authority to bind the contractor confirmed before agreeing with him, e.g., rates or a final account.Although the agent apparently must be available to receive instructions and directions if the engineer insists, the agent may notify the engineer that others have authority on behalf of the contractor to substitute for him. The contractor will not then be entitled later to deny the effectiveness of any instruction or direction received by such substitute.

6. DIRECTIONS AND INSTRUCTIONS OF ENGINEER’S REPRESENTATIVE, ASSISTANTS, ETC. See p. 33, N. 1.

7. SAFETY. This addition is in keeping with the emphasis on safety in the next clause and cl. 19.