2022-05-23（249）Engineering law and the ICE Contracts

REMOVAL OF CONTRACTOR’S EMPLOYEES

16. The Contractor shall employ or cause to be employed1 in and about the execution of the Works2 and in the superintendence thereof3 only such persons as are careful skilled and experienced in their several trades and callings and the Engineer shall be at liberty to object to and require the Contractor to remove from the Works4 any person employed by the Contractor in or about the execution of the Works who in the opinion of the Engineer misconducts himself or is incompetent or negligent in the performance of his duties5,6 or fails to conform with any particular provisions with regard to safety which may be set out in the Specification or persists in any conduct which is prejudicial to safety or health7 and such persons shall not be again employed upon the Works without the permission of the Engineer.

1. “OR CAUSE TO BE EMPLOYED”. A clarification of the previous edition, to include sub-contractor’s employees. The change is not carried through in the reference later on in the clause to “any person employed by the Contractor”.

2. “IN AND ABOUT THE EXECUTION OF THE WORKS”. See p. 65, N. 2. But these words may more easily than “during the execution of the works” be interpreted to include work in the maintenance period.

3. “THE SUPERINTENDENCE THEREOF”. A clarification making clear that supervisors are included.

4. REMOVAL OF EMPLOYEES EMPLOYED AWAY FROM THE SITE. The inclusion of persons employed “about the execution of the Works” suggests that the engineer may order persons employed away from the site to be removed “from the Works”.