Understand the contract

The investigator should then obtain the contract document between the Road Agency (RA) and BuildWell.  This should include contract conditions, drawings, technical specification, programme, and (if a re-measurement contract) bill of quantities.

Establish from the documentation what BuildWell’s obligations are in relation to:

• scope of work (what works must BuildWell undertake, and how can the scope of works be validly varied)
• quality (what quality of aggregate, sand, asphalt, concrete etc. must be used by BuildWell in building the road)
• quantity (what depth and width should BuildWell excavate to, and what quantities of aggregate, sand, asphalt, concrete etc. must be provided by BuildWell)
• method (how should the materials be laid and compacted)
• programme (by what date should BuildWell complete the road or road phases, what circumstances entitle BuildWell to an extension of the completion date, and what is the penalty for late completion)
• price (what is the contract price, what circumstances entitle a change to the price, and how is a change to price calculated)
• measurement (how are the works measured and approved for payment)
• testing (how are the works tested to ensure that they are in accordance with required quality)
• payment (how and when can BuildWell claim and receive payment).

Establish if any relevant parts of the works were sub-contracted by BuildWell.  If so, obtain and examine the sub-contract documents between BuildWell and the sub-contractors, and establish the same points re quality, quantity etc. as above.

The investigator will then understand the overall parameters and facts in relation to the project and relevant contracts, and can then look in detail at the specific allegations, supported as necessary by the technical and commercial experts.