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Contracts - Coursework Example

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Contracts

The consultant’s documents were submitted on time, planning permissions gained and quotes received from various contractors. The project was awarded under NEC3-ECC conditions of contract. The Project duration was agreed to be 26 months and payment to the contractor through interim valuations. The project was delayed due to late payment, lack of workmen on site, work behind schedule and late project administrator’s instructions. The contention between the parties was about payment, contractual standing of contractor’s program and principle guiding claim and dispute resolution. The project ran into great difficulties after the 10th month, accusation were exchanged, agreed payments not made and the workmen were pulled off site by the contractor which led to dispute. Table of Contents Executive Summary 1 Table of Contents 2 Introduction 3 General Principle of Construction contracts 4 Dispute resolution guidelines 5 Comparable Analysis of NEC3-ECC, JCTO5 SBC/Q 6 NEC3-ECC 8 JCTO5 SBC/Q 9 Clear Difference 10 Recommended Approach 11 References/Bibliography 14 Introduction AOS Development is a national housing development company in Edinburgh and has embarked on eighty housing units developments in Skye, Scotland. The consultant’s documents were submitted on time, planning permissions gained and quotes received from various contractors. ...
The project ran into great difficulties after the 10th month, accusation were exchanged, agreed payments not made and the workmen were pulled off site by the contractor which led to dispute. It should be noted that the case did not specify the order in which the causes of delay accrued on the project site. Given the facts of the case each item will be taken in seriatim or in the order by which it was stated in the case. To illustrate: The case stipulated that the delay “was due to late payment, lack of workmen on site, work behind schedule and late project administrator’s instructions”. For purposes of this paper, it would be assumed that the delay in payment was the sole and primary reason for the lack of workmen on the site, since the amount that was due which would ideally be used to compensate the workers were not credited to the account of the contractor. This would leave the contractor no choice but to let go of the workers to prevent further losses in his company. As a result of the delays in payment, which in turn resulted in the lack of workmen on the site, work will definitely be behind schedule. General Principle of Construction contracts Construction contracts define the relationship of all the parties concerned with the sole purpose and aim of completing the project on time or sooner while following the specification with fealty. In fine contracts not only define the relationship of all the parties concerned but contract also define the parameters of the obligation of each parties. As predicated contracts defines the relationship and the obligation of each party arising from the contracts (Savage & Jones Mitchell, ...Show more

Summary

Contracts Coursework 10/20/2012 Executive Summary The recommendation described below reflects the assessment of this author based on the provisions indicated by the NEC3-ECC contract frame work. I shall describe an alternative framework that may provide more understanding and coverage as far as ensuring project completion…
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