By J. Roger Knowles
This e-book examines two hundred contractual difficulties which often come up on development and engineering initiatives and offers an in depth rationalization in their ideas, bringing up average agreement stipulations and key components of criminal decisions as authority. A succinct precis is equipped on the finish of every precise resolution.
It covers difficulties including their options in recognize of:
- Procurement issues
- Tenders and bidding
- Design matters
- Letters of reason
- Contractor's programme
- Contractor's flow
- Concurrent Delays
- Extensions of time
- Liquidated/delay damages
- Unliquidated damages
- Loss and expense/additional rate claims
- Global claims
- Damage to the works
- Exclusion clauses
- Retention of identify
- Practical crowning glory
- Defect correction
This publication offers with a huge variety of development contracts together with JCT regular shape and layout and construct, New Engineering agreement NEC3, ICE and GC/Works/1.
This e-book used to be first released below the name of One Hundred Contractual difficulties and Their Solutions, with a moment variation entitled One Hundred and Fifty Contractual difficulties and their Solutions. This 3rd version provides 50 new difficulties and replaces 15 of these within the final version. Of the remaining part were the topic of revision.
"Deserves a spot on each web site and in each place of work because the ordinary instruction manual on contractual problems"
—Construction legislation DigestContent:
Chapter 1 Procurement (pages 1–25):
Chapter 2 Tenders and Bidding (pages 27–48):
Chapter three layout (pages 49–70):
Chapter four Letters of purpose (pages 71–82):
Chapter five Programme (pages 83–91):
Chapter 6 Delays and hold up research (pages 93–115):
Chapter 7 Extensions of Time (pages 117–135):
Chapter eight Liquidated/Delay Damages (pages 137–166):
Chapter nine adaptations (pages 167–183):
Chapter 10 Loss and Expense/Additional rate (pages 185–237):
Chapter eleven money (pages 239–302):
Chapter 12 sensible of completion and Defects (pages 303–324):
Chapter thirteen Rights and treatments (pages 325–382):
Chapter 14 Adjudication (pages 383–432):
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Additional info for 200 Contractual Problems and their Solutions, Third Edition
The court considered that the model answers should be disclosed as being necessary for disposing fairly of the proceedings and determining whether there were criteria, sub-criteria or weightings which had not been made available to tenderers. J Varney and Sons Waste Management Ltd v. Hertfordshire County Council (2011) In this case Varney tendered unsuccessfully for the operation of 18 Household Waste Recycling Centres in Hertfordshire. It was alleged that the council applied criteria, sub-criteria and weightings which were inconsistent with the information which it had disclosed.
It requested Chichester to sign the acceptance of the order and return it within seven days. Chichester did not sign and return the acceptance. • On 30 April 1985, Chichester, before commencing deliveries, sent a printed document to Mowlem headed ‘Acknowledgement of Order’. The acknowledgement was stated to be ‘subject to the conditions overleaf ’. 5. The court held that Chichester’s conditions applied to the contract. The original quotation sent by Chichester in November 1984 was an offer. Mowlem did not accept the offer, but instead sent a purchase order which constituted a counter-offer.
Alternatively, a polite request to adjust the tender may be a favoured option. If a request made for an alteration to be made is refused, does the tenderer have any entitlement to compensation? There are no hard and fast rules concerning this matter. The Public Contracts Regulations 2006, which apply only in the public sector, require all tenderers to be treated equally and in a non-discriminatory manner. This requirement is unlikely to be of much assistance. Often, tender enquiry documents stipulate that where a genuine error has occurred, a tenderer may amend its tender prior to the deadline.