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1️⃣ Purpose of Clause 4.19
➤ 2017 Edition: Temporary Utilities
Think of a construction site as a living, breathing organism — it needs energy, water, and sometimes gas to operate smoothly. Clause 4.19 in the 2017 edition is all about ensuring that these basic utilities are addressed up front.
It puts the spotlight on the Employer’s Requirements, urging the Employer to clearly specify:
- What utilities (electricity, water, gas, etc.) will be provided, if any.
- Where exactly on the Site they will be available.
- What capacity or volume can be expected.
- How much the Contractor will be charged, per unit.
💡 Why is this important? Because if utilities are assumed but not actually available, it can lead to major hiccups — think delays, cost overruns, and frustration for everyone. This clause is preventative medicine: it ensures that everyone knows what’s available and what isn’t from the outset.
➤ 1999 Edition: Electricity, Water and Gas
Now, let’s rewind to the 1999 edition. Here, the clause takes a more old-school approach. It basically says: “Contractor, it’s your job to sort out your own utilities — unless we specifically tell you otherwise.”
The text states:
“The Contractor shall, except as stated below, be responsible for the provision of all power, water and other services he may require.”
This flips the burden entirely onto the Contractor’s shoulders by default. If the Employer wants to provide something, they need to make that crystal clear. Otherwise, the Contractor should plan, budget, and execute assuming nothing will be handed to them utility-wise.
2️⃣ Breakdown of Clause 4.19
✅ 1999 Edition – Electricity, Water and Gas:
Let’s break this down into plain terms:
- Default rule: The Contractor provides everything.
- Exception: Only if it’s explicitly stated in the contract that the Employer will provide something, can the Contractor rely on it.
- Implication: If it’s not written down, don’t assume you’ll get power, water, or gas — plan accordingly.
If the Employer does provide something, the contract needs to spell out:
- What exactly is provided.
- The supply points.
- Any associated costs.
It’s all about self-sufficiency with the option of support, but only when documented.
✅ 2017 Edition – Temporary Utilities:
This version is more structured and modern. It recognizes that utility provision can vary wildly by project and that clear communication is key. Rather than presuming anything, it says: let’s document what will be available in the Employer’s Requirements.
The clause nudges the Employer to be thorough, helping the Contractor to:
- Understand what’s available on-site.
- Avoid surprise costs or logistical headaches.
- Plan more effectively from day one.
3️⃣ Key Interpretations and Implications
📌 Risks:
- Contractor Assumptions Gone Wrong: If the contract is vague, the Contractor might assume utilities are included. Big mistake. This could result in delays and claims.
- Surprise Bills: If the Employer supplies utilities but doesn’t clarify the charges, the Contractor might get hit with unexpected costs.
🚨 Ambiguity Alert:
When the Employer’s Requirements are silent or vague, it becomes a breeding ground for disputes. If utilities are essential for tests, commissioning, or production runs, not having clarity could cripple progress at critical stages.
✅ Benefits:
- Transparency: Everyone knows what’s included, what’s not, and how much it costs.
- Better Tendering: Contractors can price their bids accurately, which benefits both parties in the long run.
4️⃣ Cross-Referencing with Other Clauses
To really grasp the power of Clause 4.19, we should look at how it links up with other key provisions:
- Clause 1.1.33 (Employer’s Requirements): This is where all utility-related provisions should be detailed. If it’s not here, don’t count on it.
- Clause 4.10 (Use of Site Data): If utility availability is site-specific, it should be reflected in the data provided to the Contractor.
- Clause 14.1 (Contract Price): If the Employer is charging for utilities, those costs should be factored into the pricing and Schedule of Payments.
5️⃣ What If Scenarios?
Let’s test the clause with some real-world examples:
❓ What if the Employer promises electricity during negotiation, but doesn’t include it in the contract?
📌 The Contractor might be out of luck — especially under the 1999 version. If it’s not in writing, it’s not enforceable. The Contractor may still have a claim, but it will be much harder to prove.
❓ What if the Contractor assumed water would be free but is suddenly billed for it?
📌 Again, this boils down to what’s documented. If the Employer didn’t specify a rate, and the contract says utilities would be charged, the Contractor might have to pay.
❓ What if utilities are delayed or inadequate?
📌 The Contractor could be entitled to time and/or cost relief under Clause 8.5 (Extension of Time) and potentially Clause 20 (Claims), especially if the utilities were part of the Employer’s commitments.
6️⃣ Suggestions for Clarity and Improvement
Here’s how both parties can improve clarity and avoid drama later:
🔍 For the Employer:
- Specify the type, capacity, and timing of each utility.
- Clearly state the unit rates and whether metering will be in place.
- Include connection diagrams if available.
🔍 For the Contractor:
- Seek written confirmation of any verbal promises.
- Ask detailed questions during tendering.
- Include provisional sums for utility infrastructure if scope is unclear.
📋 Bonus Tip: Use a utility table in the Contract Data listing what’s available, where, when, and how much it costs. This reduces ambiguity to near zero.
7️⃣ Final Takeaways
So, what’s the big picture here?
📌 Clause 4.19 in 1999 is strict: “Contractor, you’re on your own unless we say otherwise.” 📌 In 2017, it’s more balanced: “Let’s be clear about who provides what.”
✅ Best Practices:
- Employers should provide comprehensive, written utility details in the contract.
- Contractors should never assume anything and always get utility terms in black and white.
This clause might seem small, but it can have huge implications on project cost, schedule, and harmony. Get it right, and everything flows — literally!
✅ Clause 4.19 Utility Provision Checklist
🔧 For the Employer – Planning & Documentation
Use this to ensure the Employer’s Requirements and contract documents are complete and clear.
| Item | Description | Checked? |
|---|---|---|
| 📝 Utility Availability | Have you stated which utilities (electricity, water, gas, etc.) will be made available on Site? | ⬜ |
| 📍 Supply Points | Have you specified exact locations where utilities will be accessible? | ⬜ |
| ⚡ Capacity & Specifications | Are the types (e.g., single-phase, 3-phase) and maximum load/capacity documented? | ⬜ |
| 💰 Pricing | Have you stated how utilities will be charged (e.g., $/kWh or $/m³)? | ⬜ |
| 🕓 Supply Schedule | Is there a timeline for when utilities will be available (especially early works like testing)? | ⬜ |
| 🔗 Connection Requirements | Are details provided on who installs meters, connections, and responsibilities for infrastructure? | ⬜ |
| 📄 Included in Contract | Is all of the above clearly included in the Employer’s Requirements or Particular Conditions? | ⬜ |
🛠️ For the Contractor – Tendering & Execution
Use this during tendering and site execution to avoid assumptions or surprises.
| Item | Description | Checked? |
|---|---|---|
| 📖 Review Employer’s Requirements | Have you reviewed and confirmed all utility-related provisions? | ⬜ |
| ❓ Clarify Ambiguities | Did you raise RFIs for any unclear or missing information on utilities? | ⬜ |
| 🧾 Cost Allowances | Have you included allowances for utility setup, consumption, or self-supply if needed? | ⬜ |
| 🔌 Self-Provision Plan | If no Employer supply is available, have you planned for generators, water tanks, etc.? | ⬜ |
| 📆 Timeline Coordination | Have you aligned your programme with utility availability (especially for commissioning)? | ⬜ |
| 🧾 Utility Meters | Will you require and provide your own metering, or rely on Employer’s metering? | ⬜ |
| ⚠️ Claims Readiness | Is your team aware of possible claims under Clauses 8.5 or 20 if utility delays occur? | ⬜ |
📩 Sample Letters
📩 Letter 1: Request for Clarification on Utility Provision (Contractor to Employer)
Subject: Request for Clarification on Temporary Utilities under Clause 4.19
Dear [Employer/Engineer’s Name],
We refer to the Contract [Contract No./Title] and specifically to Clause 4.19 regarding the provision of temporary utilities at the Site.
We have reviewed the Employer’s Requirements; however, the documentation does not clearly state the availability, connection points, or pricing for the following utilities:
- Electricity (including phase and capacity)
- Water (including pressure and volume)
- Gas (if applicable)
Kindly confirm whether these utilities will be provided by the Employer, and if so, please specify:
- Type and capacity of each utility.
- Supply points and required connections.
- Charges per unit (if any).
This information is essential for us to finalize our method statements, planning, and associated costs.
We look forward to your prompt response.
Yours sincerely,
[Name]
[Title]
[Contractor’s Company Name]
📩 Letter 2: Notice of Utility Delay and Claim (Contractor to Engineer)
Subject: Notice of Delay due to Non-Availability of Utilities – Clause 4.19, 8.5, and 20.1
Dear [Engineer’s Name],
We refer to the Contract [Contract No./Title] and specifically to Clause 4.19 regarding the provision of temporary utilities at the Site.
As of [date], the following utilities committed by the Employer have not been made available at the Site:
- [Utility Type] was expected from [planned date], but remains unavailable as of today.
This has adversely affected our scheduled activities, including [e.g., testing, commissioning, or construction operations].
We hereby give formal notice, under Clause 20.1 [Contractor’s Claims] and Clause 8.5 [Extension of Time], of:
- A delay to the progress of the Works.
- Our intention to claim an extension of time and associated costs.
Kindly acknowledge this notice and advise if further details or supporting documentation are required.
Yours sincerely,
[Name]
[Title]
[Contractor’s Company Name]
📩 Letter 3: Confirmation of Utility Charges and Availability (Employer to Contractor)
Subject: Confirmation of Utility Provisions at Site under Clause 4.19
Dear [Contractor’s Name],
We refer to the Contract [Contract No./Title] and your query dated [date] regarding temporary utilities under Clause 4.19.
We confirm that the following utilities will be made available at the Site during the execution of the Works:
Utility Type Capacity Supply Point Rate Notes Electricity 3-phase 100 kVA South Gate Substation $0.15/kWh Metered Water Potable 25 m³/day North Yard Tank $0.80/m³ Flat rate The Contractor is responsible for installation of any temporary connections and cabling required to access these supply points.
Please coordinate with [relevant person or department] to arrange connection timing.
Yours faithfully,
[Name]
[Title]
[Employer’s Organization Name]