By J. Roger Knowles
This e-book examines 2 hundred contractual difficulties which often come up on development and engineering initiatives and offers an in depth clarification in their ideas, mentioning typical agreement stipulations and key components of felony decisions as authority. A succinct precis is supplied on the finish of every particular resolution.
It covers difficulties including their recommendations in appreciate of:
- Procurement issues
- Tenders and bidding
- Design matters
- Letters of rationale
- Contractor's programme
- Contractor's drift
- Concurrent Delays
- Extensions of time
- Liquidated/delay damages
- Unliquidated damages
- Loss and expense/additional expense claims
- Global claims
- Damage to the works
- Exclusion clauses
- Retention of identify
- Practical crowning glory
- Defect correction
This booklet offers with a vast variety of building contracts together with JCT typical shape and layout and construct, New Engineering agreement NEC3, ICE and GC/Works/1.
This publication was once first released below the name of One Hundred Contractual difficulties and Their Solutions, with a moment variation entitled One Hundred and Fifty Contractual difficulties and their Solutions. This 3rd variation provides 50 new difficulties and replaces 15 of these within the final version. Of the rest part were the topic of revision.
"Deserves a spot on each website and in each place of work because the average guide on contractual problems"
—Construction legislation DigestContent:
Chapter 1 Procurement (pages 1–25):
Chapter 2 Tenders and Bidding (pages 27–48):
Chapter three layout (pages 49–70):
Chapter four Letters of motive (pages 71–82):
Chapter five Programme (pages 83–91):
Chapter 6 Delays and hold up research (pages 93–115):
Chapter 7 Extensions of Time (pages 117–135):
Chapter eight Liquidated/Delay Damages (pages 137–166):
Chapter nine diversifications (pages 167–183):
Chapter 10 Loss and Expense/Additional expense (pages 185–237):
Chapter eleven cost (pages 239–302):
Chapter 12 sensible of entirety and Defects (pages 303–324):
Chapter thirteen Rights and treatments (pages 325–382):
Chapter 14 Adjudication (pages 383–432):
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Extra info for 200 Contractual Problems and their Solutions, Third Edition
Sometimes the error is discovered after the deadline for submission of tenders has passed. However, there are occasions when the error is discovered before the closing date. What are the options available to the tenderer? It is always open to the tenderer to withdraw its tender. Alternatively, a polite request to adjust the tender may be a favoured option. If a request made for an alteration to be made is refused, does the tenderer have any entitlement to compensation? There are no hard and fast rules concerning this matter.
It is always open to the tenderer to withdraw its tender. Alternatively, a polite request to adjust the tender may be a favoured option. If a request made for an alteration to be made is refused, does the tenderer have any entitlement to compensation? There are no hard and fast rules concerning this matter. The Public Contracts Regulations 2006, which apply only in the public sector, require all tenderers to be treated equally and in a non-discriminatory manner. This requirement is unlikely to be of much assistance.
Hertfordshire County Council (2011) In this case Varney tendered unsuccessfully for the operation of 18 Household Waste Recycling Centres in Hertfordshire. It was alleged that the council applied criteria, sub-criteria and weightings which were inconsistent with the information which it had disclosed. In the invitation to tender there was a statement to the effect that the stafﬁng levels proposed by the tenderers would play a signiﬁcant part in the evaluation of tenders. In submitting its tender, Varney had included for supplying high levels of good-quality staff for each site.