By David Chappell(auth.)

Content material:
Chapter 1 advent (pages 1–19):
Chapter 2 Time (pages 20–56):
Chapter three Liquidated Damages (pages 57–94):
Chapter four foundation for universal legislations Claims (pages 95–116):
Chapter five Direct Loss and/or fee (pages 117–122):
Chapter 6 issues of precept (pages 123–139):
Chapter 7 power Heads of declare (pages 140–181):
Chapter eight Causation (pages 182–191):
Chapter nine worldwide Claims (pages 192–200):
Chapter 10 education and Substantiation of Claims (pages 201–215):
Chapter eleven Extension of Time less than JCT commonplace shape Contracts (pages 217–267):
Chapter 12 Liquidated Damages lower than JCT typical shape Contracts (pages 268–277):
Chapter thirteen Loss and/or fee less than JCT usual shape Contracts (pages 278–318):
Chapter 14 adaptations (pages 319–366):
Chapter 15 Claims lower than the final stipulations of presidency Contracts for construction and Civil Engineering Works (GC/Works/1(1998)) (pages 367–384):
Chapter sixteen Claims lower than the ACA kind of construction contract (ACA three) (pages 385–406):
Chapter 17 Claims below the ACA typical type of agreement for venture Partnering (PPC2000) (pages 407–417):
Chapter 18 Claims lower than NEC three Engineering and building agreement (NEC three) (pages 418–445):
Chapter 19 Sub?Contract Claims (pages 446–471):

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Extra resources for Building Contract Claims, Fifth Edition

Example text

Instead the contractor’s obligation was simply to complete the Works within a reasonable time. In an Australian case,39 the employer claimed liquidated damages from the contractor for delay. The cause of delay was substantially down to the employer, but the contractor had failed to operate the strict requirement to give notice. An arbitrator found in favour of the contractor and this was upheld by the Supreme Court of the Northern Territory of Australia: ‘Acceptance of [the employer’s] submissions would result in an entirely unmeritorious award of liquidated damages for delays of its own making .

30 The key facts seem to have been that although the contract provided for the contractor to complete by the due date notwithstanding variations, strikes and weather conditions, and subject only to any extension of time which the employer may (but was not obliged to) grant, it was not wide enough to cover the employer’s own defaults. ’31 In Wells, it was said: ‘In the contract one finds time limited within which the builder is to do the work. That means not only that he is to do it within that time but it means also that he is to have that time within which to do it .

If the Gaymark Investments case is good law, then a contractor could disregard with impunity any provision making proper notice a condition precedent. ’41 The courts have also considered the position where an extension of time clause can be read, whether on account of bad drafting or for some other reason, so as to convey two entirely different meanings: ‘It seems to me that, in so far as an extension-of-time clause is ambiguous, the court should lean in favour of a construction which permits the contractor to recover appropriate extensions of time in respect of events causing delay.

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