By J. Roger Knowles
This e-book considers one hundred fifty difficulties that frequently come up in construction contracts and gives an in depth rationalization as to their solutions. It cites key components of felony judgements as authority. the hot variation comprises a few 50 new difficulties, and revised ideas to a 3rd of the issues to take account of contemporary case legislation.
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Additional info for 150 Contractual Problems and Their Solutions
The work began to escalate, with the client instructing the architect to do a great deal of design work and to visit Tangiers to engage local architects. It was the view of the court that there must come a point in the relationship when each party, had they addressed the question, would have recognised that there was no longer any intention that further work would be unremunerated. It was held by the court that at some point between May 1994 and February 1995 the conduct of the parties was such as to give rise to an intention that any further work would be remunerated.
If, however, an employer's agent, whether he be `architect or engineer, approves the contractor's drawings which are subsequently shown to include an error he may be liable. It would in the first instance be necessary to identify in the conditions of employment what his responsibilities were. Most consultancy agreements require the consultant to exercise due skill and care in carrying out his duties. George Fischer (GB) Ltd v. Multi Design Consultants Roofdec Ltd, Severfield Reece and Davis Langdon and Everest (1998) is a case which, among other matters, examined the obligations of the employer's representative.
Multi Construction were main contractors and Davis Langdon and Everest both quantity surveyors and employer's representative. The project included the company's UK head office. From the outset the roof leaked and, despite some reduction of the problems following the taping over of the end lap joints, the leaking continued. The main contractor Multi Construction Ltd became insolvent and went into liquidation. A claim was made against Davis Langdon and Everest as a result of the roof leaks. The case against them was that under their contract with George Fischer they had an obligation to approve all working drawings.