By J. Roger Knowles
This e-book considers one hundred fifty difficulties that often come up in development contracts and gives a close clarification as to their solutions. It cites key elements of criminal judgements as authority. the hot version comprises a few 50 new difficulties, and revised options to a 3rd of the issues to take account of contemporary case legislation.
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This e-book considers a hundred and fifty difficulties that frequently come up in construction contracts and gives an in depth clarification as to their solutions. It cites key components of felony judgements as authority. the hot version contains 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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Extra resources for 150 Contractual Problems and Their Solutions
The arbitrator found that the installation drawings were not design drawings. The judge agreed with him although he had not seen the drawings. It does not appear that there was any dispute about responsibility for the content of the installation drawings and it would seem from this case that one cannot deduce that `installation drawings' in general do not embody any `design'. The architect had made it clear that the installation drawings were to be provided so as to meet the requirements of the programme and that the subcontractors were not responsible for the design of the system.
A reasonable interpretation is that the purpose of shop or working drawings is to convert design information into a format to enable the materials to be manufactured and fixed. 10 Where an item of work has been properly provided for in the Employer's Requirements but is missing from the Contractor's Proposals, can the contractor claim extra payment for doing the work on the grounds that it was never included in the contract price? 1 If we were living in a perfect world then all contract documents would be fault free.
It was found by the court that the employer was unable to prove there were reasonable grounds for believing the representations to be true and therefore, in accordance with the Misrepresentation Act 1967, Turriff was entitled to the damages they had suffered as a result. The court also held that in so far as the representations contained in the specification were statements of opinion and not fact (and thus not within the gambit of misrepresentation) they in any event amounted to negligent mis-statements.