150 Contractual Problems and Their Solutions by J. Roger Knowles

By J. Roger Knowles

This booklet considers one hundred fifty difficulties that often come up in construction contracts and offers a close rationalization as to their solutions. It cites key components of felony judgements as authority. the recent version contains 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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If there is no schedule design costs should be dealt with in the same manner as Alternative B of JCT With Contractor's Design, 1998 edition. No provision is made for advance payment or mobilisation payment. SUMMARY Payments should reflect the fact that design costs comprise pre-contract design costs and post-contract design costs. Where stage or milestone payments apply these costs should be properly allocated to the appropriate stage or milestone. The first one should include for pre-contract design costs.

An experienced contractor such as JMH would have an obligation to warn of errors in design which were obviously dangerous and defective. The decision left open the situation where the design is obviously defective but not dangerous. 3, require the contractor to notify the architect of any discrepancy in any drawings issued by the architect. SUMMARY It was held in the University of Glasgow v. Whitfield and Laing case that in the absence of express provisions the contractor may have an implied duty to the employer to warn of design faults only where a special relationship exists between them.

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. George Fischer was the employer under an amended JCT With Contractor's Design. 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.

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