Diverse Interpretations of Clause 20.2.3
Purpose
The core purpose of Clause 20.2.3 is to define what constitutes “contemporary records” and to mandate their maintenance by the claiming party. This ensures that claims are substantiated by timely and relevant documentation.
Implications
The clause allows the Engineer to monitor these records without admitting liability. In the United States, this could be likened to “discovery” in legal proceedings, where both parties have access to evidence without necessarily admitting fault.
Primary Aspects
- Definition of contemporary records
- Obligation of the claiming party to maintain these records
- Engineer’s right to monitor and inspect these records
Expert Opinion
Experts often highlight the importance of this clause in maintaining transparency and accountability. In the U.S., failure to maintain such records could lead to legal complications, especially under federal contract law.
Interaction with Other Clauses
- Clause 20.2.1: The contemporary records serve as a foundational element for the Notice of Claim.
- Clause 20.2.4: Any detailed claim must be substantiated by the records maintained under Clause 20.2.3.
- Clause 20.2.5: These records could be pivotal during the agreement or determination of the claim.
Main Points to Keep in Mind
- Timeliness: Records must be created at the same time or immediately after the event giving rise to the claim.
- Legal Compliance: In the U.S., ensure that the records are in compliance with federal laws like the Federal Acquisition Regulation (FAR).
- Technical Standards: Adherence to U.S. standards like ASTM or ANSI may be crucial.
- Environmental Laws: Make sure to include records that prove compliance with U.S. environmental laws, such as the Clean Air Act or Clean Water Act.
Process Flowchart for Clause 20.2.3
Detailed Explanation
Process Flowchart: The flowchart begins with an event that gives rise to a claim. The claiming party is then responsible for preparing contemporary records. The Engineer has the option to monitor these records without admitting liability. The process ends when the claim is substantiated with these records.
Sequence Diagram: The sequence diagram illustrates the interactions between the Claiming Party and the Engineer. It starts with the event giving rise to the claim, followed by the preparation of contemporary records. The Engineer then has the option to monitor these records, which does not imply admitting liability. Finally, the Claiming Party substantiates the claim using these records.
Structured Checklists for Proficient Execution and Deployment of Clause 20.2.3
| Task | Responsible Party | Timeline | Notes |
|---|---|---|---|
| Define “contemporary records” | Contract Manager | Project Start | Ensure alignment with Clause 20.2.3 |
| Set up a record-keeping system | Contractor | Project Start | Must be easily accessible and secure |
| Engineer’s initial inspection | Engineer | Within 14 days of claim | Does not imply liability |
| Maintain records | Claiming Party | Ongoing | Update immediately after each event |
| Additional records (if instructed) | Contractor | As instructed | Keep as per Engineer’s guidelines |
| Periodic inspection | Engineer | Monthly | To monitor and ensure compliance |
Checklists to Assist in Applying and Overseeing Clause 20.2.3
| Task | Checklist Item | Yes/No | Comments |
|---|---|---|---|
| Record Definition | Is the definition clear? | ||
| Record-Keeping System | Is it set up? | ||
| Engineer Inspection | Has it been done? | ||
| Record Maintenance | Are records up-to-date? | ||
| Additional Records | Are they maintained? |
Checklists to Guide and Monitor the Execution of Clause 20.2.3
| Stage | Action Item | Status | Remarks |
|---|---|---|---|
| Pre-Claim | Define “contemporary records” | ||
| Claim Initiation | Send initial notice | ||
| Post-Claim | Maintain records | ||
| Inspection | Allow Engineer’s inspection | ||
| Closure | Final review of records |
