Construction Contracts Questions and Answers by David Chappell
By David Chappell
Building legislation could be a minefield of problems and misunderstandings within which execs want solutions that are pithy and easy but additionally legally rigorous. In development Contracts: Questions and solutions, expert in building legislation David Chappell solutions architects' and developers' universal building agreement questions. Questions diversity in content material and comprise: extensions of time liquidated damages loss and/or cost useful of entirety defects valuation certificate and check architects' directions adjudication and costs. Chappell's authoritative and useful recommendation solutions questions starting from uncomplicated queries, reminiscent of which date can be wear a freelance, via to extra advanced concerns, resembling no matter if the contractor is entitled to take ownership of a piece of the paintings although it is the contractor's fault that ownership isn't really achievable. In answering actual questions about development contracts, Chappell has created a useful source on which not just architects, but additionally venture managers, contractors, QSs, employers and others eager about development can count.
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128 14 (1971) 22 DLR (3d) 9 Construction Contracts, Questions and Answers 17 contractor inadvertently omitted an important page of the tender. The page included a price fluctuations clause. The contractor soon realised the error and notified the employer which, nonetheless, tried to accept the tender. The court severely criticised the employer and held that the contract was voidable for a fundamental mistake in its formation. The position is probably the same even if the contractor has not given prior notice to the employer if it can be shown that the employer knew of the mistake in any event.
11 That is the usual situation when terms are simply referred to in bills of quantities. Obviously, onerous terms cannot be referred to in this way unless the contractor is given plenty of opportunity to inspect the actual terms. However, it is always advisable to set out onerous terms in full in the tender document. The architect’s and probably the quantity surveyor’s (or the project manager’s if there is one) duty is owed to the employer and not to the contractor. It is part of that duty to ensure that the contractor is aware of all the terms, so that the contract is properly binding on both the parties.
There are, of course, a multitude of sub-contracts but, not surprisingly, they are all designed to be used with a main contract and a main contractor is assumed. The Trade Contract for use with the Construction Management Contract is more likely, although it still assumes the existence of a construction manager. Many employers in this situation look to the minor works contract. Although it is superficially an attractive proposition, there are many pitfalls. The most important point is that it was not written to address the contractual relationship between the employer and each of a number of separate sub-contractors.