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By Michael Furmston(auth.)
This good proven reference e-book brings jointly major instances on construction contracts to demonstrate criminal rules. It presents a press release of the main tested, a precis of the evidence and the choice and, for many circumstances, a verbatim extract of the judgment. the newest version contains a variety of new circumstances because the final version was once released in 1999.
Content:
Chapter 1 Letters of reason (pages 2–8):
Chapter 2 charges of Tendering (pages 9–14):
Chapter three Tenders and Estimates (pages 15–22):
Chapter four Incorporation of records (pages 23–48):
Chapter five crowning glory of the agreement (pages 49–65):
Chapter 6 The Contractor's duties (pages 68–152):
Chapter 7 The Employer's duties (pages 153–206):
Chapter eight possession and Vesting of fabrics (pages 207–214):
Chapter nine recognition and Defects (pages 215–218):
Chapter 10 Approval and certificate (pages 219–259):
Chapter eleven adaptations (pages 260–280):
Chapter 12 Damages for Breach of development Contracts (pages 281–310):
Chapter thirteen Prolongation and Disruption Claims (pages 311–367):
Chapter 14 Liquidated Damages and Extensions of Time (pages 368–410):
Chapter 15 unencumber (pages 412–416):
Chapter sixteen Frustration (pages 417–425):
Chapter 17 Illegality (pages 426–429):
Chapter 18 Forfeiture Clauses, Repudiation and resolution (pages 430–452):
Chapter 19 problem (pages 453–462):
Chapter 20 project and Sub?Letting (pages 464–474):
Chapter 21 household Sub?Contractors (pages 475–477):
Chapter 22 Nominated Sub?Contractors (pages 478–511):
Chapter 23 construction Contracts and the legislations of Tort (pages 514–537):
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Additional info for Powell-Smith & Furmston's Building Contract Casebook, Fourth Edition
Example text
The Institutions of Civil Engineers, Mechanical Engineers, Heating and Ventilating Engineers, Electrical Engineers or Structural Engineers. 2 Unless the parties otherwise agree, such reference shall not take place until after the completion, alleged completion or abandonment of the Works or the determination of the Sub-Contract . . 4 If the dispute, difference or question between the Contractor and the SubContractor is substantially the same as or connected with a matter or thing which has, under the Main Contract, already been referred to an Arbitrator, the Contractor and Sub-Contractor may, with the consent of the Authority, refer that dispute, difference or question to that Arbitrator.
Accordingly, there was no incorporation in the contracts of clause 7 or any other Sauter condition. Both counsel made submissions on the footing that a possible construction of the documents was that while GC/Works/1 (‘the GC conditions’) was incorporated into the Sauter/Goodman contract, there was also incorporated the Sauter conditions insofar as the Sauter conditions were not inconsistent with the GC conditions. In that event [counsel] for the plaintiffs conceded that the GC conditions would prevail.
It would be unreasonable to suggest that wherever such conditions are revised the fact of revision must necessarily be indicated on any contractual reference to them. Any reference to conditions can only be understood, in the mind of an ordinary reasonable man, as a reference to the conditions currently in force. The circumstance that on 1 July 1970 the respondents sent to the appellants a purchase amendment order having printed on the reverse a copy of the general conditions as revised in January 1969 does not, in my view, affect the matter.