200 contractual problems and their solutions - download pdf or read online

By J. Roger Knowles

ISBN-10: 1118257030

ISBN-13: 9781118257036

ISBN-10: 1118257049

ISBN-13: 9781118257043

Procurement -- Tenders and bidding -- layout -- Letters of reason -- Programme -- Delays and hold up research -- Extensions of time -- Liquidated/delay damages -- adaptations -- Loss and expense/additional rate -- check -- functional finishing touch and defects -- Rights and treatments -- Adjudication

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Sample text

The letter instructed Bennett to proceed with the works required to progress the subcontract and Bennett duly obliged. A formal subcontract was never entered into; however, a dispute arose concerning payment and Bennett commenced adjudication proceedings. The first adjudicator to be appointed refused to proceed, as he considered that he had no jurisdiction, and a second adjudicator was appointed. He proceeded with the adjudication and provided in his decision that Inviron should make a further payment to Bennett.

The court held this to amount to fraudulent misrepresentation. This is not always the case, as quite often personnel named in the bid will leave after the contract has been entered into and their name has been submitted in good faith. Where personnel are named in the contract, it normally states that if they are not available, then a suitably qualified and experienced alternative will be found. This may not prove too difficult to achieve, although the temptation could be to name as an alternative a person who is available and not necessarily as experienced and qualified as the person originally named.

Will there be any liability if, when the work proceeds, the person named is not employed on the project? This situation occurred in the case of Fitzroy Robinson v. Mentmore Towers (2010). The case concerns the redevelopment of the ‘In and Out Club’ in Piccadilly and an associated country house in Buckinghamshire, which was to be converted into a luxurious club with hotel accommodation. Mentmore engaged Fitzroy Robinson to act as the architect on the scheme. The programme indicated that work on the project was scheduled for completion at the end of May 2009.

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200 contractual problems and their solutions by J. Roger Knowles


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