By J. Roger Knowles
This e-book examines two hundred contractual difficulties which often come up on construction and engineering tasks and gives a close clarification in their recommendations, bringing up normal agreement stipulations and key components of felony decisions as authority. A succinct precis is supplied on the finish of every distinct resolution.
It covers difficulties including their recommendations in appreciate of:
- Procurement concerns
- Tenders and bidding
- Design matters
- Letters of purpose
- Contractor's programme
- Contractor's waft
- Concurrent Delays
- Extensions of time
- Liquidated/delay damages
- Unliquidated damages
- Loss and expense/additional fee claims
- Global claims
- Damage to the works
- Exclusion clauses
- Retention of name
- Practical of entirety
- Defect correction
This booklet bargains with a large variety of building contracts together with JCT normal shape and layout and construct, New Engineering agreement NEC3, ICE and GC/Works/1.
This e-book used to be first released below the name of One Hundred Contractual difficulties and Their Solutions, with a moment variation entitled One Hundred and Fifty Contractual difficulties and their Solutions. This 3rd variation provides 50 new difficulties and replaces 15 of these within the final version. Of the rest part were the topic of revision.
"Deserves a spot on each website and in each place of work because the common instruction manual on contractual problems"
—Construction legislations DigestContent:
Chapter 1 Procurement (pages 1–25):
Chapter 2 Tenders and Bidding (pages 27–48):
Chapter three layout (pages 49–70):
Chapter four Letters of motive (pages 71–82):
Chapter five Programme (pages 83–91):
Chapter 6 Delays and hold up research (pages 93–115):
Chapter 7 Extensions of Time (pages 117–135):
Chapter eight Liquidated/Delay Damages (pages 137–166):
Chapter nine adaptations (pages 167–183):
Chapter 10 Loss and Expense/Additional price (pages 185–237):
Chapter eleven fee (pages 239–302):
Chapter 12 functional finishing touch and Defects (pages 303–324):
Chapter thirteen Rights and treatments (pages 325–382):
Chapter 14 Adjudication (pages 383–432):
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Additional info for 200 Contractual Problems and their Solutions, Third Edition
This was based upon how a reasonable person would have interpreted the wording in the contract of sale to mean. In this case, the literal interpretation of the wording would have resulted in the seller of the land becoming entitled to uplift of the price, which would be commercial nonsense and out of all proportion with reality. 8. Can an architect or engineer be held to have acted negligently for advising a client to use a procurement method which is inappropriate for the project concerned? 1.
If the employer fails to implement the Code, this will amount to a breach of the collateral agreement. Any tendering contractor who can demonstrate a loss, as a result of the failure on the part of the employer to comply with the Code, will be entitled to reimbursement. 6. What liability does a tendering contractor have who in its bid names key personnel to be employed on the project, but when work commences replaces some of the named personnel? 1. It is common practice when submitting bids for work on construction projects for there to be a requirement for key personnel, who will be involved in the project, to be named in the bid document.
Kylen Construction, who had produced the second lowest tender, agreed to reduce its price by £25,000 and was awarded the contract. J&A Development commenced proceedings against Edina, for damages for breach of contract, on the basis that Edina failed to follow the Code of Procedure. The court decided that J&A Development was entitled to be paid damages. Whilst no contract to construct the work had come into operation, there was a collateral agreement to the effect that the Code would be applied.