By J. Roger Knowles
This ebook considers one hundred fifty difficulties that often come up in development contracts and offers a close clarification as to their solutions. It cites key components of felony judgements as authority. the hot version contains a few 50 new difficulties, and revised suggestions to a 3rd of the issues to take account of modern case legislations.
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Additional resources for 150 Contractual Problems and Their Solutions
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? 1 If we were living in a perfect world then all contract documents would be fault free.
4 150 Contractual Problems the payment. Design and construct contracts are no exception, and so the contract should be clear as to when payment for both the design function and construction of the works is to be made. Contracts such as GC/Works/1 Design and Build provide for milestone payments. This being the case the milestone payment chart should make it clear when payment for design is to be made. In considering the make up of each payment consideration should be given to the contractor's pre-contract and post-contract design costs.
This will come as a shock to regular design and construct contractors. Serious rewriting of novation agreements was obviously necessary, as a result of this decision. 3 SUMMARY Under a design and construct contract, the contractor takes responsibility for all design work carried out both pre and post contract. The intention of a novation agreement is to transfer the architect design obligation in the precontract stage from the employer to the contractor. Comfort can be drawn by the contractor from the novation agreement concerning design errors due to negligence by the architect which occurred in the pre-contract stage.
150 Contractual Problems and Their Solutions by J. Roger Knowles