By David Chappell

Many construction tasks are the topic of claims - the statement of a correct, often by means of the contractor, to an extension of the agreement interval or an extra money lower than the phrases of the development agreement. a lot of those claims are unsound or ill-founded, actually because the elemental ideas are misunderstood. This very popular publication examines the criminal foundation of claims for extensions of time and extra fee, and what can and can't be claimed less than the most kinds of agreement. It comprises chapters facing direct loss and fee, liquidated damages, extension of time, concurrency. learn more... creation -- Time -- Liquidated damages -- foundation for universal legislations claims -- Direct loss and/or price -- issues of precept -- power heads of declare -- Causation -- worldwide claims -- instruction and substantiation of claims -- Extension of time lower than JCT average shape contracts -- Liquidated damages below JCT usual shape contracts -- Loss and/or rate lower than JCT common shape contracts -- diversifications -- Claims less than GC/Works/1 -- Claims less than ACA three -- Claims below PPC2000 -- Claims lower than NEC three -- Sub-contract claims

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272–3. 50 (1987) 39 BLR 106. 34 Time ‘ “Dominant” has a number of meanings: “Ruling, prevailing, most influential”. On the assumption that condition 23 is not solely concerned with liquidated or ascertained damages but also triggers and conditions a right for a contractor to recover direct loss and expense where applicable under condition 24 then an architect and in his turn an arbitrator has the task of allocating, when the facts require it, the extension of time to the various heads. I do not consider that the dominant test is correct.

In my mind that limitation of time is intended not only as an obligation, but as a benefit to the builder . . 33 Jones was distinguished, because although there was a term which empowered the ordering of additional work and this was done, the contractor had not agreed that, notwithstanding the ordering of additional work, it would complete within the original period. Very clear words will be needed in order to bind a contractor to a completion date if the employer is the cause of the delay. This principle is now well established34 and it seems unlikely that a modern court would take so stern a view as the 1870 court in Jones.

12 In practice, very few building contracts are without a clause enabling the employer or the employer’s agent to fix a new completion date after the employer has caused delay to the contractor’s progress. All standard forms have clauses permitting the extension of time although not all of the terms are entirely satisfactory. Even where a building contract contains terms providing for extension of the contract period, time may yet become at large either because the terms do not properly provide for the delaying event or, because the architect has not correctly operated the terms.

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