12th June 2008, 01:47 PM
Posted by Unit of 1:
There are Guidance Notes (as a separate document) that accompany the Conditions of Contract. Amongst other things, the Guidance Notes do explain what archaeology is and why it is important; the circumstances under which archaeological investigations might arise; the roles of the parties to the contract, and other key roles, including the Consultant and the Curator.
Clauses 3.10 and 3.11 of the CoC deal with access to the site and wayleaves etc, and the Guidance Notes expand on this to say that it is reasonable that the Employer should be expected to make the necessary legal arrangements for gaining access to the land where the Employer does not own that land (i.e. the Contractor shouldn't be expected to make those arrangements).
There is a lot more good stuff in the Guidance Notes, but that is about as close as the Contract comes to addressing the issues you raise.
1man1desk
to let, fully furnished
Quote:quote:Is there any mention of the ownership of the archaeology or third parties?It is a Conditions of Contract document, not a political manifesto, so all it does is set out standard terms of contract between two partiesm, in the context of current British law.
There are Guidance Notes (as a separate document) that accompany the Conditions of Contract. Amongst other things, the Guidance Notes do explain what archaeology is and why it is important; the circumstances under which archaeological investigations might arise; the roles of the parties to the contract, and other key roles, including the Consultant and the Curator.
Clauses 3.10 and 3.11 of the CoC deal with access to the site and wayleaves etc, and the Guidance Notes expand on this to say that it is reasonable that the Employer should be expected to make the necessary legal arrangements for gaining access to the land where the Employer does not own that land (i.e. the Contractor shouldn't be expected to make those arrangements).
There is a lot more good stuff in the Guidance Notes, but that is about as close as the Contract comes to addressing the issues you raise.
1man1desk
to let, fully furnished