The Presentation and Settlement of Contractors' Claims by Mark Hackett, Geoffrey Trickey

By Mark Hackett, Geoffrey Trickey

Contractual disputes, frequently related to huge sums of cash, take place with expanding frequency within the building undefined. This publication offers - in non-legal language - sound expert recommendation from a well-known specialist within the box at the sensible facets of claims. This variation has been introduced correct modern via making an allowance for felony judgements promulgated over the past 17 years, in addition to reflecting the impact of present inflation on claims. the hot variation is predicated at the 1998 JCT agreement. *Fully up-to-date moment variation of this useful consultant. *Worked examples to again up the recommendation provided and relate it to practitioners' event.

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Sample text

The effect of it is to require the Architect to note the incidence and the effect upon progress and completion of every Relevant Event even where the Contractor has not reported it. Thus the Architect must make his own arrangements to ensure that he is kept fully aware throughout the contract of the progress of the Works and of the causes and effect of all delays. 1 C L A U S E 25 ± T H E D E T A I L E D C O M P O N E N T S The following paragraphs elaborate upon the above process. Clause 25 commences by making it clear that reference to delay, notice, or extension of time includes further delay, further notice or further extension of time.

All this within 12 weeks of receipt of adequate particulars and estimate and before the Completion Date, whichever is the earlier. All Nominated Sub-Contractors must be informed. Event D The Architect issues an instruction omitting work. 2A7 is not part of this proviso). 2A7 is not part of the proviso). 8 In his ®nal review, the Architect will take into account all Relevant Events whether noti®ed or not. The reason for this provision is referred to at para. 2. This requirement, which is often overlooked in the early stages of a project, has very wide implications for the Architect.

Clause 25 enables the Architect to amend the Completion Date in a variety of circumstances and in consequence alter the Contractor's liability for liquidated and ascertained damages for delay. As has been suggested earlier, this facility is there to protect the Employer's rights as much as to reduce the Contractor's liability (para. 2). Clause 26 details the rules for determining the Contractor's entitlement to reimbursement for loss and/or expense if variations are introduced or if the Contract is disrupted by the Employer or his agents.

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