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JCT suit 2016 Construction law Name of the Student Name of the University Author Note A The JCT suit 2016 Construction Law Name of the Student Name of the University Author Note A

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Construction Law (BSM575)

   

Added on  2020-03-16

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In the legal proceedings as provided by the case of Addis v Gramophone it would be applicable if the breach of contract has been done by any of the parties and the aggrieved party would be entitled to remedies in form of compensation and damages. It had been provided through the JCT 2016 that in case an act or omission committed on the part of the employer hampers the ability of the contractor to be able to complete the construction project on time, the contractor would be entitled to additional cost and time

JCT suit 2016 Construction law Name of the Student Name of the University Author Note A The JCT suit 2016 Construction Law Name of the Student Name of the University Author Note A

   

Construction Law (BSM575)

   Added on 2020-03-16

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Running head: CONSTRUCTION LAWConstruction lawName of the StudentName of the UniversityAuthor Note
JCT suit 2016 Construction law Name of the Student Name of the University Author Note A The JCT suit 2016 Construction Law Name of the Student Name of the University Author Note A_1
1CONSTRUCTION LAWQuestion A The JCT suit 2016 imposes an obligation of the both the employer and the contractor tocomply with their legal duties. In the given scenario the contractor is Irn Construction PLC andthe employer is U-turn investments. According to the facts of the given situation revisedconstruction drawings have been provided by the architect of the employer and subsequentlybecause of such actions the contractor was not able to proceed with the construction project. Thisis because the foundation of the project had been laid by the contractor in accordance to theoriginal document. The new drawing requires a completely new foundation and along with otherdiscrepancies the contractor are expected to delay the work by a total of 25 weeks. Thelimitations in relation to the progress of work are likely to trigger delay in the project and inaddition would also result in the increase in the overall cost. It is a primary obligation of an employer under the JCT 2016 to provide the possession ofthe site to the contractor. In addition under the JCT 2016 the employer also has the duty todeploy appropriate administration in relation to the site along with providing necessary andrelevant information and giving appropriate instructions. On the other hand the duty with theJCT 2016 imposes on the primary contractor include the responsibility of proceed with the workin accordance to the terms of the construction contract and also to deploy due skill and diligencewith respect to the quality of work in the same way which a builder having ordinary competencewould have done. In case any of the parties to the construction contract are not able to complywith the obligations imposed by the JCT 2016 it would lead to the breach of contract. Thecommon law rules as provided by the case of Addis v Gramophone1 would be applicable if thebreach of contract has been done by any of the parties and the aggrieved party would be entitled1 [1909] AC 488
JCT suit 2016 Construction law Name of the Student Name of the University Author Note A The JCT suit 2016 Construction Law Name of the Student Name of the University Author Note A_2
2CONSTRUCTION LAWto remedies in form of compensation and damages. Damages are only provided to the aggrievedparty for the loss arising out of contractual breach and to an extent which would restore theposition of the party it would have been if the contract was not violated. It had been providedthrough the JCT 2016 that in case an act or omission committed on the part of the employerhampers the ability of the contractor to be able to complete the construction project on time, thecontractor would be entitled to additional cost and time in relation the project from the employer.It is the duty of the contractor once they have been provided by the possession of thework site by the employers to appropriately initiate the construction project on time and tocomplete the project through continuously deploying skill and diligence2. In addition a duty hasbeen imposed on the employer assist the contractor in completing the work and if it is found thatthe acts of the employer was committed in a manner which made in impossible or difficult forthe contractor to continue with the progress of the work, than time being the essence of thecontract cannot be relied upon by the employer in legal proceedings against the contractor. Forinstance where additional work or any contractual alternations have been initiated by theemployer than it cannot be claimed by the employer that the contractor should complete the workin the originally provided time scale. According to the facts of the given situation where there has been alternation in the termsof the original contract by the employer it is the duty of the contractor to evaluate whether suchalteration caused by the employer would be constituted as a significant situation leading to thenot completion of work in time long with incurring additional cost. In addition the contractoralso have the responsibility of analyzing whether such alterations by the employer is afundamental change (alternation in the actual nature of the original contract which makes it a2 London Borough of Hounslow v. Twickenham Garden Developments Ltd. (1970) 3 All E.R. 326
JCT suit 2016 Construction law Name of the Student Name of the University Author Note A The JCT suit 2016 Construction Law Name of the Student Name of the University Author Note A_3

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