By J. Roger Knowles
This publication considers one hundred fifty difficulties that often come up in development contracts and offers an in depth rationalization as to their solutions. It cites key elements of criminal judgements as authority. the hot version comprises a few 50 new difficulties, and revised recommendations to a 3rd of the issues to take account of modern case legislations.
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Additional resources for 150 Contractual Problems and Their Solutions
Condition 2 (2) states: `In the case of discrepancy between the Employer's Requirements and either the Contractor's Proposals or the Pricing Document, the Employer's Requirements will prevail without adjustment to the Contract Sum'. 6 `Design documents' are defined as any drawing, plan, sketch, calculation, specification or any other document prepared in connection with design by the contractor. The intention is to catch any document whether prepared prior to the submission of the tender or subsequently prepared by the contractor for design purposes.
The main contractor Multi Construction Ltd became insolvent and went into liquidation. A claim was made against Davis Langdon and Everest as a result of the roof leaks. The case against them was that under their contract with George Fischer they had an obligation to approve all working drawings. They were also, it was alleged, 34 150 Contractual Problems obliged to make visits to site to ensure that the work was being carried out in accordance with the drawings and specification. George Fischer claimed the problems with the roof would not have occurred had Davis Langdon and Everest carried out their duties as required by their contract.
However, the council's staff failed to empty the letter box properly with the result that the tender was considered late, and rejected. In Fairclough the council had perhaps been in error in shortlisting Fairclough in the circumstances of the connection but had acted reasonably in removing them from the select tender list in the light of Mrs George's involvement. The New Zealand case of Pratt Contractors Ltd v. Transit New Zealand (2003) dealt with a claim from a contractor whose tender was rejected despite being the lowest by over £1m.
150 Contractual Problems and Their Solutions by J. Roger Knowles