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Essay sample - Construction Law
Engineering and Construction
Pages 10 (2510 words)
There are several problems and issues that surfaced in this project’s life cycle and each has a different domain as per JCT 2005 Standard form of Building contract. These issues are discussed in detail in their chronological order. The first among which is regarding the fact that the contractor noticed a contradiction between drawing and BOQ but assuming that drawings were right, conducted the work accordingly…
Where as in this case the contractor did not take any consent from the CA. Hence the CA/Architect is not responsible neither bound to pay for any additional claims in the BOQ and Interim Payment Certificate. But the above conditions and clauses are only applicable if the contractor becomes aware of the conflicting documents. The second issue of alteration of position of brackets that are already fixed. In light of the JCT contract, I am of the opinion that the contractor does not have the capacity to refuse the CA/Architect of any redo of work or variation in the design/construction, until the contractor has been issued a completion certificate or in case the work ordered by the CA/Architect is out of his authority. In any other case contractor is bound to follow the instruction and variation made by CA. whereas if the particular activity is on the critical path then contractor can claim an extension in the deadline, along with a reasonable compensation of performance of the particular task. The clause 5.6 deals with all the rules that are applicable in case of a variation in work. Whereas on the other hand contractor is contractually bound to show compliance to any instruction that is given by the CA/Architect under the clause 3.10.1/2. ...
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