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, development contracts.

For the hot version all entries were reconsidered and up to date in mild of case legislation and laws and the publication has been considerably enlarged because the final variation ten years in the past. There at the moment are over 800 separate entries a variety 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 subject matters reminiscent of adjudication, arbitration and the Civil process Rules.

It will offer a useful reference for architects, volume surveyors, undertaking managers and contractors. it is going to additionally discover a prepared readership between all development legal professionals.

''This is an necessary publication which supplies a succinct yet authoritative connection with ''words, words and terms'' encountered within the building undefined. ...many of the entries provide a considerable observation on a number of concerns you usually desired to learn about yet by no means bought around to discovering out.''

Arbitration

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The provision is extremely important, with implications which are not always obvious. In building contracts there are three possible sources of approval: — The employer. — The architect. g. through building control. Unless expressly excluded, the expression of satisfaction by employer or architect is binding on the parties to the contract. Approval by a statutory authority is not final and binding contractually because it represents only an additional safeguard for the employer. The architect, for example, may require a higher standard than the building control officer.

Extraordinary rainfall, extraordinary snow, etc. could qualify under this head. This is not, however, as wide as under JCT 98 or GC/Works/1. See also: Extension of time. A fortiori argument A fortiori means so much more; or, with stronger reason. It is commonly heard in judicial utterances when a particular case is being considered. Reference is made to a rule which applies to another case and it is thought that the case under consideration shows a stronger reason for application of the same rule and, therefore, the rule should apply to the case under consideration as well.

3B Insurance of the Works and any existing structures by Employer À fire, etc. 4 Evidence of insurance 7. 3 Determination by Contractor 8. 3 Legal proceedings There are also the usual Articles of Agreement (qv) and Recitals (qv), the first of which defines the contract documents (qv). In addition, there are supplemental conditions which contain clauses dealing with A: contribution, levy and tax changes; B: value added tax; C: statutory tax deduction scheme; D: adjudication; and E: arbitration. The express provisions are very much in common form.

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