Building Contract Dictionary by David Chappell, Vincent Powell-Smith, Derek Marshall, Simon

By David Chappell, Vincent Powell-Smith, Derek Marshall, Simon Cavender

Construction agreement Dictionary presents a succinct, yet authoritative connection with phrases, words and phrases encountered in, and in reference to, construction contracts.

For the recent variation all entries were reconsidered and up-to-date in mild of case legislation and laws and the ebook has been considerably enlarged because the final version ten years in the past. There are actually over 800 separate entries quite a lot of contracts has been referenced, together with JCT ninety eight, IFC ninety eight, MW ninety eight, WCD ninety eight, PCC ninety eight, MC ninety eight, ACA three, GC/Works/1 (1998), NEC, NSC/C, DOM/1, DOM/2 in addition to themes resembling adjudication, arbitration and the Civil method Rules.

It will supply a useful reference for architects, volume surveyors, venture managers and contractors. it's going to additionally discover a prepared readership between all building attorneys.

''This is an essential booklet which supplies a succinct yet authoritative connection with ''words, words and terms'' encountered within the development undefined. ...many of the entries supply a considerable observation on quite a few issues you usually desired to find out about yet by no means acquired around to discovering out.''

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In the context of the construction industry this is illustrated by Courtney & Fairbairn Ltd v. Tolaini Brothers (Hotels) Ltd (1974)43 where an agreement ‘to negotiate fair and reasonable contract sums’ was held not to amount to a binding contract. There was no agreement on the price or any method by which the price was to be calculated. Since the law does not recognise a contract to make a contract, it cannot recognise a contract to negotiate a contract. Such an agreement fails for uncertainty (qv).

G. on the death of the agent. In the context of building contracts, the employer is only liable to the contractor for acts of his architect which are within the scope of his authority39 and this principle is of importance since all the standard form contracts define closely the architect’s powers. However, in many cases À particularly where the architect is an employee of the building owner À there will be instances where the exercise of his professional duties is sufficiently linked to the employer’s attitude and conduct that he becomes the employer’s agent so as to make the employer liable for his default40.

1). Any amendments must be made on the printed form itself and signed or initialled by both parties. It is not sufficient merely to refer to amendments in the bills of quantities (qv) or specification (qv) because most forms contain a clause giving priority to the provisions of the printed form over any of the other contract documents (qv). An alternative is to delete the priority clause and allow the usual principles of interpretation of contracts to prevail. See also: Priority of documents. Ambiguity Something which is of unclear or of uncertain meaning; a word, phrase or description which may have more than one meaning.

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