Download PDF by J. Roger Knowles: 150 Contractual Problems and Their Solutions

By J. Roger Knowles

ISBN-10: 1405120703

ISBN-13: 9781405120708

This booklet considers a hundred and fifty difficulties that often come up in construction contracts and gives a close rationalization as to their solutions. It cites key components of felony judgements as authority. the recent variation 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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Kigass Ltd (1989). A factory belonging to Kigass was destroyed in a fire in August 1986. Kigass thought that the proceeds from its insurance policy would cover the costs of rebuilding and accordingly invited tenders for a design and build contract for this work. Marston submitted a tender. It was believed by Kigass that the terms of its insurance policy required that the rebuilding work be performed as quickly as possible so Marston was invited to a meeting in December 1986 to discuss its tender.

GC/Works 1/Design and Build (1998): Condition 10A forbids the contractor from commencing work until the drawings have been submitted and they have been examined by the project manager who has either confirmed that he has no questions to raise in connection with the drawings, or that such questions have been raised and answered to his satisfaction. ICE Design and Construct: Clause 6(2)(a) requires the contractor to submit drawings to the employer's representative and not to commence work until the employer's representative consents thereto.

The designs and the priced bills of quantities formed part of the contract documents by virtue of an express provision in the contract. The foundation designs had been prepared on the assumption that the soil conditions were as indicated on the relevant borehole data provided by the corporation. During the course of the work tufa was discovered in several areas of the site the presence of which required the foundations to be re-designed in those areas and additional works carried out. The contractor claimed that there had thereby been breach of an implied term or warranty by the corporation that the ground conditions would accord with the basis upon which the contractor had designed the foundations.

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150 Contractual Problems and Their Solutions by J. Roger Knowles


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