Constraction Contracts Questions and Answers

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Constraction Contracts Questions and Answers

Contents:
  • Tendering
  • Pre-contract issues
  • Possession of the site
  • General contractual matters
  • Warranties, bonds and novation
  • Contractor’s programme
  • Contract administration
  • Architects
  • Fees
  • Design
  • Architect’s instructions
  • Inspection
  • Defects during progress
  • Defects after practical completion
  • Valuation and payment
  • Certificates
  • Sub-contracts
  • Extensions of time/Adjustment of the completion date
  • Liquidated damages
  • Loss and/or expense
  • Sectional completion
  • Practical completion and partial possession
  • Termination
  • Disputes

This book includes some of the more common questions, together with a few unusual
ones and several that address misconceptions. I must emphasise that these are real
questions. They are not questions that I have invented by looking at what the courts have
decided and then matching a question to the decision. In each case, I have had to see
whether there is anything in the decisions of the courts, in legislation or in the contracts
themselves which provides an answer. Where there is no ready answer, I have said so, and
I have offered a view. I have tried to keep each answer reasonably short while
endeavouring to make the answer to each question self-contained.

This has resulted in
occasional instances where answers overlap slightly when dealing with similar subject
matter. For the sake of simplicity, it has been assumed that the contract administrator is an
architect. However, very often the role of contract administrator is taken by members of
other disciplines, and in such instances the reference to an architect should be taken to be a
reference to a member of the particular discipline.
Some of the questions were concerned with earlier forms of contract, but they have all
been updated as necessary to refer to the latest 2011 series of JCT contracts, i.e. SBC, IC,
ICD, MW, MWD and DB. Questions have been included on related topics such as
architects’ fees, design and disputes. In the four years since the last edition, many
important judgments have been handed down by the courts, and the process of
adjudication has developed considerably.

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