By Peter D. V. Marsh
A realistic advisor to contracting for the client and contractor alike, with an emphasis at the advertisement facets of contracting. This 5th variation displays adjustments in case legislation and laws because the e-book of the final version, the most important swap being the passing of the Housing can provide, building and Regeneration Act 1996. The publication additionally charts amendments to version kinds of agreement stipulations, specifically the velocity kinds of executive contracts. Contracts coated are these for the development of structures and civil engineering works, the provision and set up of mechanical, electric and procedure vegetation, and in addition for machine method and amenities administration. tools of contracting, together with PFI schemes, are severely tested and reference is made to the government's considering on major contracting. As formerly, the writer covers agreement making plans and agreement management, bargains with either the practise and the appraisal of tenders and explains intimately how one can draft the major clauses in a freelance to make sure the utmost virtue.
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Additional info for Contracting for Engineering and Construction Projects
The employer, having on the advice of his architect or engineer, selected a particular sub-contractor or supplier, is nevertheless not a party to the sub-contract between them. The contractual relationships as between employer main contractor - sub-contractor may act so as to create a duty of care on the part of the subcontractor towards the employer in negligence, or to provide the sub-contractor with a defence against a claim by the employer in negligence, but contractually the obligations of the subcontractor are owed to the main contractor and not to the employer.
Further it must be to the employer's advantage that the contract starts off with the contract price based as securely as possible upon the conditions which will actually be met when the work is performed. Whilst it is in the nature of soils investigation work that there can be no guarantee that this will be the case there is surely everything to be said for such work being carried out with the maximum of care and to an extent sufficient to reduce so far as practicable the possibility of unpleasant and expensive surprises.
Payment will usually be in proportion to the number of units or places which are available. Payment will only commence when the service is available. Alternatively payment may be linked to the usage or volume but only in cases where the usage or volume can be predicted by the contractor. The contract must contain a clear definition of what is meant by availability because this is critical to payment. There must be key objective criteria for determining non-availability and the period involved, for example for an accommodation building a failure in the power supply lasting more than half a day.