By J. Roger Knowles
This e-book considers one hundred fifty difficulties that frequently come up in construction contracts and gives an in depth clarification as to their solutions. It cites key elements of felony judgements as authority. the hot version comprises a few 50 new difficulties, and revised strategies to a 3rd of the issues to take account of modern case legislation.
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Additional resources for 150 Contractual Problems and Their Solutions
Cleveland Bridge & Engineering Co Ltd (1981) the judge held: Both parties confidently expected a formal contract to eventuate. In those circumstances, to expedite performance under the contract, one requested the other to expedite the contract work, and the other complied with that request. If thereafter, as anticipated, a contract was entered into, the work done as requested will be treated as having been performed under that contract; if, contrary to that expectation, no contract is entered into, then the performance of the work is not referable to any contract the terms of which can be ascertained, and the law simply imposes an obligation on the party who made the request to pay a reasonable sum for such work as has been done pursuant to that request, such an obligation sounding in quasi contract, or, as we now say, restitution.
The intention is for the architect to be involved in the planning application and to work up the design to a state where tenders from contractors can be sought. When the contractor is appointed, the architect, by way of a novation agreement, becomes a part of the contractor's team. Under the novation agreement the contractor takes responsibility for the work carried out by the architect both pre and post contract. The wording of the novation agreement provides for the contractor to stand in the employer's shoes with regard to negligence on the part of the architect.
An amendment to the wording of the third recital should be made to indicate which takes precedence. The GC/Works/1 1998 Design and Build contract is reasonably clear as to which of the employer's requirements or the contractor's proposals takes precedence. Condition 2 (2) states: `In the case of discrepancy between the Employer's Requirements and either the Contractor's Proposals or the Pricing Document, the Employer's Requirements will prevail without adjustment to the Contract Sum'. 6 `Design documents' are defined as any drawing, plan, sketch, calculation, specification or any other document prepared in connection with design by the contractor.