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Construction and Building law PDF

   

Added on  2021-06-14

11 Pages2163 Words186 Views
Running head: CONSTRUCTION AND BUILDING LAWConstruction and Building LawName of the studentName of the universityAuthor note

1CONSTRUCTION AND BUILDING LAWAnswer 1Time at largeAWhen a delay event takes place at the fault of the employer and the contract does not haveprovisions for the date of completion to be extended and any damages or time is put at large thecontractor is provided a reasonable time in relation to the completion of the work and noliquidated damages can be claimed by the employer for delay. On the other had extension of timeis provided based on specific criteria set in the contract (Burr 2016). BIn the case of Henry Boot Construction (UK) Ltd v Malmaison Hotel (Manchester) Ltd [1999]70 Con LR 32 it has been stated by the court that while assessing a claim in relation to extensionof time the contract administrator or the architect has the right to take into account those matterwhich he considered to have caused delayed the work and are not events which are relevant. Inthe given situation also HC will have the right to trigger the extension of time clause as they havebeen provided by H on multiple occasion variation work orders. These are factors which delaythe work. The principles through which time becomes at large had been discussed in the case of BluewaterEnergy Services BV v Mercon Steel Structures BV and others EWHC 2132 (TCC); 155 Con.L.R. 85. The court held that when a delay event takes place at the fault of the employer and thecontract does not get the date of completion extended time is put at large and the contractor is

2CONSTRUCTION AND BUILDING LAWprovided a reasonable time in relation to the completion of the work. Thus here as the samesituations have taken place HC can claim time at large. Answer 2Liquidated damages provisionsAIn construction contracts liquidated damages are mechanism for which a party is able to claimmonetary compensation in relation to damages and loss which occur because of the failure of aparty to finish the work in the stipulated time. On the other had penalty clause are preset in acontract before the contract is formed and makes the party violating it liable for damages.Penalty can be more than actual loss suffered but not liquidated damages. Mostly the party whohas breached the terms are provided more advantage by liquidated damages clause (HughesChampion and Murdoch 2015). B1.It has been stated by the court in the case of Dunlop Pneumatic Tyre Co Ltd v NewGarage & Motor Co Ltd [1915] AC 79 that when liquidated damages are not fixed thenthe court may impose damages which are reasonable to compensate the loss of the partywhich a contract is formed. Thus as Mosses were provided by payments from the hoteland a contract was formed due to the letter of intent they are entitled to pay liquidateddamages for defective work. This is because all other conditions had been covered by theletter of intent other than adjudication and liquidated damages and thus it would be

3CONSTRUCTION AND BUILDING LAWbinding as held in the case of Trustees of Ampleforth Abbey Trust v Turner & TownsendManagement Ltd [2012] EWHC 21372.Where no payment would have been provided by the Hotel there would have contractformed between Mosses and the hotel as they instructed to start the work. Thus theposition would be same. Answer 3Four key insurancesAThe type of insurance which are required under the JCT include Public liability insurance – this insurance cover damages to the property of third party orpersonal injury or death caused to third party other than insured employees Professional indemnity insurance- this insurance covers professional negligence and mayalso include infringement of intellectual property or breach of confidentiality. All risks insurance- The insurance covers physical damages to site materials and contractworks. Employers’ liability insurance – provides cover against the cost of compensation claims(Ter, Laney and Levine 2016)B1.In the case of Lanphier v. Phipos (1838) 2 it had been stated by the court that there is animplied term in the contract that goods which are to be provided have to be of areasonable quality and fit for a purpose. Thus V has the liability of compensating G for

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