Building Contract Claims, Fifth Edition by David Chappell(auth.)

By David Chappell(auth.)

Content material:
Chapter 1 advent (pages 1–19):
Chapter 2 Time (pages 20–56):
Chapter three Liquidated Damages (pages 57–94):
Chapter four foundation for universal legislation Claims (pages 95–116):
Chapter five Direct Loss and/or cost (pages 117–122):
Chapter 6 issues of precept (pages 123–139):
Chapter 7 power Heads of declare (pages 140–181):
Chapter eight Causation (pages 182–191):
Chapter nine international Claims (pages 192–200):
Chapter 10 guidance and Substantiation of Claims (pages 201–215):
Chapter eleven Extension of Time less than JCT usual shape Contracts (pages 217–267):
Chapter 12 Liquidated Damages below JCT usual shape Contracts (pages 268–277):
Chapter thirteen Loss and/or rate below JCT average shape Contracts (pages 278–318):
Chapter 14 adaptations (pages 319–366):
Chapter 15 Claims less than the final stipulations of presidency Contracts for construction and Civil Engineering Works (GC/Works/1(1998)) (pages 367–384):
Chapter sixteen Claims lower than the ACA kind of development contract (ACA three) (pages 385–406):
Chapter 17 Claims less than the ACA normal type of agreement for venture Partnering (PPC2000) (pages 407–417):
Chapter 18 Claims below NEC three Engineering and building agreement (NEC three) (pages 418–445):
Chapter 19 Sub?Contract Claims (pages 446–471):

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Additional resources for Building Contract Claims, Fifth Edition

Example text

36 A similar phrase is ‘other causes beyond the control of the contractor’. 4 The prevention principle It used to be thought that if the employer committed any act of prevention, the contractor was entitled to an extension of time whether or not it had complied with any notice requirements. That meant that if no extension was given, time would become at large and the contractor was relieved of its obligation to complete by the completion date in the contract. Instead the contractor’s obligation was simply to complete the Works within a reasonable time.

Clearly, in the context of 3 4 5 [2005] EWCA Civ 1359. Charles Rickards Ltd v Oppenheim [1950] 1 KB 616 at 624 per Denning LJ. Charles Rickards Ltd v Oppenheim [1950] 1 KB 616 at 626 per Denning LJ. 22 Time construction of a commercial development, delivery on the due date will be very important. If the supplier fails to deliver on the due date and the contractor has done nothing to contribute to the delay, the supplier will be in breach of contract. Although the contract is unlikely to specify time as being of the essence, it would be open to the contractor to make time of the essence by sending the supplier a notice giving a reasonable time for delivery and making clear that failure to deliver on the new date would be treated as a repudiatory breach.

Care must be taken in serving such a notice. 1 2 Law of Property Act 1925, s. 41. Behzadi v Shaftsbury Hotels Ltd [1992] Ch 1. Building Contract Claims, Fifth Edition. David Chappell. © 2011 David Chappell. Published 2011 by Blackwell Publishing Ltd. 1 Time of the essence 21 In Shawton Engineering Ltd v DGP International Ltd,3 an attempt was made to make time of the essence by service of a notice. 5 million. Shawton, a sub-contractor, was claiming against a sub-sub-contractor (DGP). DGP was responsible for five packages of drawings and work, for which there were five separate completion dates.

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