The Authority and the Contractor are the only parties to the Contract and so the Authority's remedies are against the Contractor (subject to step in rights and the collateral warranties) but there are other parties related to the two contractual counter parties that could have a significant role to play in the delivery of the services. On the Authority side these are normally individuals and companies that act in some way on behalf of the Authority and potentially the Waste Collection Authorities that deliver the Contract Waste. On the Contractor side the related parties are principally individuals that act in some way on behalf of the Contractor plus its Sub-Contractors.
Under the WIDP Contract (Schedule 1) the definition of Authority Related Party includes:
• the Authority's officers, servants, employees and agents; and
• the Authority's Contractors or Sub-Contractors (of any tier).
The Waste Collection Authorities may also be included as an Authority Related Party in some projects. The definition of a Contractor Related Party includes:
• the Contractor's agents;
• the Contractor's Sub-Contractors and their Sub-Contractors of any tier;
• the Contractor's Directors, officers, employees and workmen; and
• any person on the Site at the invitation of the Contractor.
The Related Parties, in common with other third parties51, have no rights they can enforce under the Contract as the WIDP Contract (Clause 99) makes it clear that no term is enforceable under the Contracts (Rights of Third Parties) Act 1999.
As the Authority can be liable for the actions of Authority Related Parties the Contract Manager should be aware of the definition and the provisions in the Contract that refer to Authority Related Parties. Accordingly appropriate references to the Contract should be included in the Contract Management Manual.
The definition and provisions relating to Contractor Related Parties should also be explained so that it is clear to the Contract Management Team how this affects the Contractor's obligations. For example under the WIDP Contract (Clause 94.3) the Contractor is deemed o have such knowledge of the project as is held by any Contractor Related Party.
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51 The only potential exceptions are the pension protection rights provisions under Schedule 20 which are enforceable by employees transferred under TUPE.