Download e-book for kindle: Construction Contracts: Questions and Answers, Second by David Chappell

By David Chappell

ISBN-10: 0203861469

ISBN-13: 9780203861462

ISBN-10: 0415566509

ISBN-13: 9780415566506

Is there a distinction among analyzing and supervizing? What does ‘time-barred’ suggest? Is the contractor entitled to take ownership of a piece of the paintings although it is the contractor's fault that ownership isn't really viable? building legislations could be a minefield. pros desire solutions that are pithy and easy, in addition to legally rigorous. the 2 hundred questions within the ebook are actual questions, picked from the hundreds of thousands of mobile enquiries David Chappell has got as a consultant Adviser to the Royal Institute of British Architects. the cloth is significantly up-to-date from the 1st variation – weeded, prolonged and nearly doubled in assurance. The questions variety in content material from extensions of time, liquidated damages and loss and/or price to problems with warranties, bonds, novation, useful of completion, defects, valuation, certificate and cost, architects’ directions, adjudication and charges. short footnotes and a desk of situations are integrated in case you desire to examine additional. This will be a useful reference for architects, venture managers, contractors, QSs, employers and others all for building.

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Additional resources for Construction Contracts: Questions and Answers, Second Edition

Sample text

Usually, the contractor’s only remedy is to re-invoice (A) with the whole amount owing, wait the prescribed period and then, if not paid, to take legal action for recovery against (A). Obviously, the contractor cannot recover interest on late payment under the Late Payment of Commercial Debts (Interest) Act 1998 for the full period, because the invoice will be the first it has sent to the correct party. A recurring problem concerns whether or not a binding contract has been entered into in any given situation and, if so, in what terms.

Mowlem plc v Stena Line Ports Ltd11 is a case in point. The letter of intent concept was taken rather far by the issue of some 14 such letters during the course of the Works. Fortunately, the parties agreed that each letter superseded the previous one, otherwise the dispute might have been labyrinthine in its complexity. When Mowlem commenced the carrying out of the work described in each letter, a small contract was formed by which Stena agreed to pay Mowlem a reasonable sum. In each case, the maximum amount of each sum was stated in the letter.

As the name implies, it does not involve simply one previous occasion on which the parties have contracted together. 28 Despite the commonly held view, the situation is quite uncommon and the courts will not hold that there is a course of dealing unless all the evidence points to that conclusion. For example, the courts may hold that there is a course of dealing if a contractor has bought supplies of a certain type of brick from the same supplier over the course of a few years and if there have been a dozen similar transactions always using the same terms and conditions, but on the last occasion, both parties failed to complete the necessary paperwork.

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Construction Contracts: Questions and Answers, Second Edition by David Chappell


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