Building contract claims by David Chappell

By David Chappell

Many construction tasks are the topic of claims - the statement of a correct, frequently by means of the contractor, to an extension of the agreement interval or an extra money below the phrases of the construction agreement. a lot of those claims are unsound or ill-founded, usually because the fundamental rules are misunderstood. This extremely popular booklet examines the felony foundation of claims for extensions of time and extra cost, and what can and can't be claimed less than the most types of agreement. It comprises chapters facing direct loss and price, liquidated damages, extension of time, concurrency. learn more... creation -- Time -- Liquidated damages -- foundation for universal legislations claims -- Direct loss and/or fee -- issues of precept -- strength heads of declare -- Causation -- worldwide claims -- training and substantiation of claims -- Extension of time less than JCT normal shape contracts -- Liquidated damages less than JCT common shape contracts -- Loss and/or fee lower than JCT average shape contracts -- adaptations -- Claims below GC/Works/1 -- Claims less than ACA three -- Claims less than PPC2000 -- Claims below NEC three -- Sub-contract claims

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2 Time at large 25 for breach of an implied term. It was in this context that the court, in a view which is probably obiter in any event, suggested that the time period was not mandatory. ’16 (emphasis added) It seems that the court recognised that the architect is the employer’s agent. ’18 However, there, the court seemed to hold the door slightly ajar. Its view was that the time limits in the JCT contract were ‘neither rigid nor immutable’. The court was principally considering the issue of the final certificate and the pre-conditions which must be fulfilled before it is issued.

62 And later: ‘In practice causation tends to operate in a complex manner, and a delay to completion may be caused in part by relevant events and in part by contractor default, in a way that does not permit the easy separation of these causes. In such a case, the solution envisaged by clause 25 is that the architect, or in litigation the court, must apply judgment to determine the extent to which completion has been delayed by relevant events. In an appropriate case apportionment of the delay between relevant events and contractor’s risk events may be appropriate.

It should not need saying that the quantity surveyor must always act in strict conformity with the professional standards of the discipline and maintain the highest ethical standards. As soon as a contractor is appointed and the contract is executed, quantity surveyors, like architects, assume dual responsibilities. Although, again leaving aside direct engagement by the architect, the contractual relationship, whether under a consultancy agreement or under a contract of employment, is still solely with the employer, one of the duties of quantity surveyors is to carry out the tasks under the building contract in accordance with its terms.

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