By David Chappell
Building legislation could be a minefield of problems and misunderstandings within which execs desire solutions that are pithy and easy but in addition legally rigorous. In development Contracts: Questions and solutions, professional in building legislation David Chappell solutions architects' and developers' universal development agreement questions. Questions variety in content material and comprise: extensions of time liquidated damages loss and/or price functional finishing touch defects valuation certificate and fee architects' directions adjudication and charges. Chappell's authoritative and useful recommendation solutions questions starting from basic queries, resembling which date will be wear a freelance, via to extra complicated concerns, similar to no matter if the contractor is entitled to take ownership of a bit of the paintings although it is the contractor's fault that ownership isn't really potential. In answering actual questions about development contracts, Chappell has created a useful source on which not just architects, but in addition venture managers, contractors, QSs, employers and others focused on development can count.
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Additional info for Construction Contracts Questions and Answers
2 is the only clause that refers to the contractor’s programme and it will readily be seen that nothing in the clause states that the contractor must comply with its own programme. First, it should be noted that the reference is to a master programme. That allows the contractor to produce numerous detailed programmes which there is no obligation to provide for the architect. Second, the contractor can opt not to work to its own programme or even to change the programme without informing the architect.
Importantly, there was no agreement of all necessary terms. The court said that it was irrelevant that Monk had relied on contractual provisions during the progress of the Works. Although the reliance by both parties on contract terms might, in some circumstances, indicate that both parties had accepted that they were bound by the contract, that is an assumption which can be overturned by other factors. Key factors are where, as in this instance, there is no evidence of acceptance of the contract and there is clear evidence that important terms remain unagreed.
When the contractor tendered, it would have been on the basis that the contract would be administered by an architect of known ability. It is a sound argument that, in the case of any replacement, the replacement person must be of the same ability. This would prevent the all-too-prevalent practice whereby an employer sacks the architect and self-appoints. If the position was reversed and the unqualified surveyor was sacked and replaced with an architect, there should be no difficulty, because the surveyor would have been described throughout the contract as the ‘Contract Administrator’ and the architect certainly fits into that category.