By Richard F. Fellows

This quantity analyzes and reviews at the 1980 JCT usual type of development agreement, deepest with amounts variation, on a clause-by-clause foundation, together with notes on interpretation, felony precedents and data at the replacement versions of the normal shape in addition to the correct vitamins. This 3rd variation accommodates the amendments released as much as the tip of November 1994 and updates the case legislations to incorporate major, fresh precedents which complement these incorporated within the first versions. This ebook may still end up important to these interested in construction, no matter if in or the professions mostly encountering difficulties of interpretation and implementation of the agreement, or as scholars. using the publication is usually recommended to be at the side of a duplicate of the suitable JCT agreement so that the precise terminology of the rfile might be studied including its interpretation. this can be rather vital in functional occasions the place amendments to the agreement range the traditional phrases.

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Extra resources for 1980 JCT Standard Form of Building Contract: A Commentary for Students and Practitioners (Building & Surveying Series)

Example text

Provided that the Employer has consented, the Architect may issue an instruction permitting an inaccurately set out building to be completed with an appropriate price reduction by the Contractor. Trespass: If setting out causes a trespass on adjoining property, the injured party has an action: (a) against the Contractor if the trespass is caused by setting out error(s) on his part, (b) against the Employer (who may be able to recover from the Architect) if the trespass is caused by inaccurate drawings or other information supplied by the Architect.

6 QS to allow Contractor to be present and take all necessary notes when QS is measuring work to value Variations. 7 Contract Sum to be adjusted to take account of all valuations of Variations. 38 Clause 13 Thus, where a Variation has been executed but not measured and valued, it is reasonable to include an 'on account' valuation in interim payments until formal valuation has been finalised. Note: The valuation of Variations, howsoever arising, is to be executed by the QS (including provisional sum items) unless the Employer and Contractor themselves agree something different.

The consent must not be withheld unreasonably. 2 Where, in accordance with Clause 3D, the value of unfixed materials/goods on site has been included in an Interim Certificate against which the Employer has discharged payment to the Contractor (usually, by making the payment), those materials/goods are deemed to be the property of the Employer. The Domestic Sub-Contractor may not deny that the property in the materials/goods has passed to the Employer . 3 If the Contractor pays the Domestic Sub-Contractor for unfixed materials/goods on site prior to the Employer's properly discharging payment to the contractor for them, the property in those materials/goods, passes to the Contractor upon the payment's being made to the Domestic Sub-Contractor.

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