By Richard F. Fellows
This quantity analyzes and reviews at the 1980 JCT general kind of construction agreement, deepest with amounts version, on a clause-by-clause foundation, together with notes on interpretation, felony precedents and knowledge at the replacement variants of the normal shape in addition to the perfect vitamins. This 3rd variation contains the amendments released as much as the top of November 1994 and updates the case legislations to incorporate major, fresh precedents which complement these integrated within the first versions. This e-book should still turn out worthwhile to these all for construction, no matter if in or the professions in general encountering difficulties of interpretation and implementation of the agreement, or as scholars. using the booklet is usually recommended to be along with a replica of the right JCT agreement so that the precise terminology of the rfile can be studied including its interpretation. this can be really very important in sensible events the place amendments to the agreement differ the traditional phrases.
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Additional resources for 1980 JCT Standard Form of Building Contract: A Commentary for Students and Practitioners
1 . 3 All work must be executed in a proper and workmanlike manner. 4 Contractor must have the Architect's written consent (not to be unreasonably withheld or delayed) to substitute any materials or goods for those described in any Contractor's Statement. The Contractor retains all responsibilities for any properly substituted materials or goods. 1 . 1), the Architect must express such dissatisfaction within a reasonable time from the execution of the (alleged) unsatisfactory work. Two issues arise - how is the Architect's dissatisfaction to be expressed (and to whom) and how is the Architect to know when each item of work is executed in order to be able to judge the reasonable 25 26 Clause 8 time period?
Hoenig v. : 'It was a lump sum contract, but that does not mean that entire performance was a condition precedent to payment. ' Thus, it may be concluded that the JCT Standard Form 1980 Edition is a lump sum contract with provision for Interim Payments. Note: following observations in Dakin v. lsaacs: (a) the builder cannot recover if he abandons the contract (subject to the express terms of the agreement) (b) contracts which provide for retention money to be paid on completion might require entire performance in the strict sense - but, probably, in relation only to the retention releases rather than Interim Payments under the Contract.
The contractual provisions regarding assignment and sub-letting (Clause 19) and NS/Cs (Clause 35) do not apply to statutory undertakers carrying out their statutory obligations. For this purpose they are not Sub-Contractors within the meaning of the Contract. Clause 7: Levels and setting out of the Works The Architect is obliged to provide the Contractor with all requisite levels and dimensions for the execution of the Works. Expressly, to provide drawings to enable the Contractor to set out at ground level.