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Vol 21 No 10 Oct/Nov 2016

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Building Contract Disputes

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ISBN13: 9780582037342
ISBN: 0582037344
Published: February 1989
Publisher: Pearson Education Ltd
Country of Publication: UK
Format: Hardback
Price: Out of print



This book covers aspects of the contractual area of building. It attempts to traverse the salient aspects within the area, making relevant connections between them and offering guidance on achieving agreement.;The contents seek to meet the needs of various disciplines within construction and are not usually addressed explicitly to those on one side only of disputed areas. The client, client's advisor, contractor and sub-contractor should each be able to read and interpret for his own purposes.;The text has been written with two types of reader in mind - those who are seeking explanation of basic principles and those who are looking for more extended treatment of issues with which they are already acquainted. Thus it should interest those taking profesional examinations and those concerned with continuing professional development.;The main bulk of the work deals with the post-contractual aspects, showing readers how problems have been encountered in the past, both in origin and solution. The author stops short of discussing arbitration and litigation, which are methods of dealing with disputes when mutual resolution has failed. Even so, much of what is included is of use when considering the presentation of a case at one of these tribunals. Specifically, discussion is allied to the JCT 80 contracts and the IFC 84 contract, relating to those procedures as amended at December 1987.;In the latter part of the book extended use has been made of case studies which offer illustrations of what may be done, combined with discussion of the limitations that often attach to specific solutions.

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Contents:
Part 1 Pre-contract activities: the background to contract disputes; contract solutions and risk distribution; tendering - the contractor's policy, examination and the contract.
Part 2 Contract administration: physical and time problems; information, instructions and approvals; functions of the employer; variations and provisional sums; sub-contractors - appointment and control; certificates and payments.
Part 3 Delay and disturbance: causes justifying extension of time or reimbursement of loss and expense; remedies for breach of contract; delay and extension of time; contract procedures over loss and expense; disturbance of regular progress; ascertainment of primary loss and expense; ascertainment of secondary direct loss and expense; damage to the works and determination of employment; evidence and negotiation.
Part 4 Case studies: introduction to the case studies; major case study - laboratory project, part 1; major case study - laboratory project, part 2; minor case study - factory project; minor case study - flats project; presentation of a comprehensive claim document.