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TUE's duty to coordinate and TE's right to intervene

Stein Frederick Janzon
sfj@byggogprosjektjus.no

The provisions on the subcontractor's obligation to coordinate and the general contractor's right to intervene are included in NS 8417 paragraph 21, which deals with progress and coordination. The corresponding provisions of the execution centers are included in the matrix below. We have dealt with the first three provisions on progress and progress plan in a separate article.

The short version

1. In construction projects, there will most often be very many side-ordered subcontractors in business, and many of these will also carry out work in parallel or sequentially

2. The total contractor has a great need to coordinate the respective subcontractors so that they do not “get in the way” of each other and/ or delay others with too slow start-up and/ or completion of works on which to be built on

3. Accordingly, all subcontractors have an obligation to adjust their own individual progress plans as decided by the total/ subcontractor

4. The prerequisite for the obligation referred to in paragraph 3 is that the obligation of such coordination was foreseeable (tolerance)

5. If the tolerance limit is exceeded, the subcontractor may invoke this as an irregular change unless the Total/General Contractor has already issued an amendment order on the same condition

6. Violations of the obligation to coordinate may be sanctioned, see more on this in paragraph IX

7. If the Total/General Contractor is significantly impeded in its progress vis-à-vis the builder, and this is due to a specific subcontractor, the Total/General Contractor may intervene in the works of the subcontractor.

8. If such intervention is implemented and the conditions for this are met, the subcontractor shall be liable for the additional costs incurred by the general contractor, limited to upwards of 50% of the contract amount.

9. The 50% limitation does not apply if intervention is due to gross negligence or intent on the part of the subcontractor

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