By J. Roger Knowles
This ebook considers one hundred fifty difficulties that often come up in development contracts and gives a close clarification as to their solutions. It cites key components of criminal judgements as authority. the recent variation comprises a few 50 new difficulties, and revised ideas to a 3rd of the issues to take account of modern case legislations.
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SUMMARY It would seem that it is impossible to produce a dividing line to differentiate between design drawings and working shop or installation drawings. Each case would have to be judged on its merits. A reasonable interpretation is that the purpose of shop or working drawings is to convert design information into a format to enable the materials to be manufactured and fixed. 10 Where an item of work has been properly provided for in the Employer's Requirements but is missing from the Contractor's Proposals, can the contractor claim extra payment for doing the work on the grounds that it was never included in the contract price?
There may also be a possibility that the contractor or subcontractor could successfully frame a claim based upon loss of opportunity. In the case of Fairclough Building Ltd v. Borough Council of Port Talbot (1992) a different set of circumstances arose. The Borough Council of Port Talbot decided to have a new civic centre constructed and advertised for construction companies to apply for inclusion on the selective tendering list for the project. Fairclough Building Ltd in March 1983 applied to be included on the list.
In the case of Equitable Debenture Assets Corporation Ltd v. William Moss and Others (1984) it was held that a term should be implied into the contract that the contractor should report design defects known to him. The case of Victoria University of Manchester v. 2). The cause was a combination of poor design and poor workmanship. With regard to design defects it was held that the contractor had a duty under an implied term of JCT 63 to warn of design defects which they believed to exist but with no obligation to make a close scrutiny of the architect's drawings.
150 Contractual Problems and Their Solutions by J. Roger Knowles