Contracting for Engineering and Construction Projects by Peter D. V. Marsh

By Peter D. V. Marsh

A realistic advisor to contracting for the consumer and contractor alike, with an emphasis at the advertisement features of contracting. This 5th version displays adjustments in case legislation and laws because the booklet of the final variation, the main switch being the passing of the Housing can provide, building and Regeneration Act 1996. The ebook additionally charts amendments to version types of agreement stipulations, particularly the speed sorts of govt contracts. Contracts coated are these for the development of constructions and civil engineering works, the availability and deploy of mechanical, electric and strategy crops, and likewise for desktop approach and amenities administration. tools of contracting, together with PFI schemes, are severely tested and reference is made to the government's pondering on major contracting. As formerly, the writer covers agreement making plans and agreement management, bargains with either the education and the appraisal of tenders and explains intimately easy methods to draft the most important clauses in a freelance to make sure the utmost virtue.

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Sample text

4 There is normally no implied warranty by the employer as to the accuracy of the documents forming part of the invitation to tender or even as to the feasibility of constructing the works as designed. The facts of the case may show, however, that instructions by an I ~ ~ I LEGAL ISSUES ARISING FR O M THE employer to design the works on a certain hypothesis amounted to a warranty that such hypothesis accorded with the actual ground conditions (Bacal Construction (Midlands) Ltd v Northampton Development Corporation [I97518 BLR 88).

Liability for damage to 'other property' is more difficult. First, in this context what constitutes 'other property'? It seems clear that it would cover items such as computers which the employer has installed in the building under a separate contract and which are damaged, say by the fall of a defective ceiling constructed by a sub-contractor. However, consider the case of a boiler installed by a sub-contractor which explodes and damages other parts of the building. The cost of the replacement of the defective boiler itself is a loss recoverable only in contract and therefore only from the main contractor.

Alternatively payment may be linked to the usage or volume but only in cases where the usage or volume can be predicted by the contractor. The contract must contain a clear definition of what is meant by availability because this is critical to payment. There must be key objective criteria for determining non-availability and the period involved, for example for an accommodation building a failure in the power supply lasting more than half a day. The authority should define the performance which it requires from the contractor through output requirements and not in terms of how the output is to be achieved, which should be left to the initiative of the contractor.

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