Powell-Smith & Furmston's Building Contract Casebook, Fourth by Michael Furmston(auth.)

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By Michael Furmston(auth.)

This good demonstrated reference e-book brings jointly best situations on construction contracts to demonstrate criminal rules. It offers an announcement of the main proven, a precis of the evidence and the choice and, for many situations, a verbatim extract of the judgment. the newest variation features a variety of new situations because the final version was once released in 1999.

Chapter 1 Letters of motive (pages 2–8):
Chapter 2 bills of Tendering (pages 9–14):
Chapter three Tenders and Estimates (pages 15–22):
Chapter four Incorporation of records (pages 23–48):
Chapter five finishing touch of the agreement (pages 49–65):
Chapter 6 The Contractor's responsibilities (pages 68–152):
Chapter 7 The Employer's tasks (pages 153–206):
Chapter eight possession and Vesting of fabrics (pages 207–214):
Chapter nine recognition and Defects (pages 215–218):
Chapter 10 Approval and certificate (pages 219–259):
Chapter eleven diversifications (pages 260–280):
Chapter 12 Damages for Breach of building Contracts (pages 281–310):
Chapter thirteen Prolongation and Disruption Claims (pages 311–367):
Chapter 14 Liquidated Damages and Extensions of Time (pages 368–410):
Chapter 15 unencumber (pages 412–416):
Chapter sixteen Frustration (pages 417–425):
Chapter 17 Illegality (pages 426–429):
Chapter 18 Forfeiture Clauses, Repudiation and backbone (pages 430–452):
Chapter 19 predicament (pages 453–462):
Chapter 20 project and Sub?Letting (pages 464–474):
Chapter 21 household Sub?Contractors (pages 475–477):
Chapter 22 Nominated Sub?Contractors (pages 478–511):
Chapter 23 development Contracts and the legislations of Tort (pages 514–537):

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2. The judge found those circumstances to be conclusive against the defendant. The question is whether, if I am right in holding that there is no special rule of construction which prevents effective incorporation of the arbitration clause by these general words, the court should, on ordinary rules of construction, hold those words to be effective for that purpose. SIR JOHN MEGAW: There are, in my opinion, three important inter-related factors peculiar to arbitration agreements. First, an arbitration agreement may preclude the parties to it from bringing a dispute before a court of law.

Trollope & Colls Ltd v. North-West Metropolitan Regional Hospital Board HOUSE OF LORDS (1973) 9 BLR 60 Building works were to be carried out in three phases, for each of which there was a separate contract sum and set of conditions, all based on JCT terms. The date of commencement of Phase III was to be fixed by reference to the completion date of Phase I. Phase III was to be completed by a specified date. Phase I was delayed by 59 weeks, 57 of which were allowed under the extension of time clause, and in effect the period for completing Phase III was reduced from 30 to 16 months.

There were two risks in respect of which compensation was payable to the respondents. One was by reason of delays on the part of the architect not giving instructions and, secondly, in not making necessary drawings and plans available. So it is against that background that it is necessary to turn now to the specific clauses in the sub-contract. Clause 1 provided that the respondents should accept Incorporation of Documents 43 the tender of the sub-contractor and then come clauses 2 and 3 to which I must refer in full: ‘2.

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