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Assignment on Construction Law

   

Added on  2020-03-16

5 Pages969 Words59 Views
Running head: CONSTRUCTION LAWConstruction lawName of the StudentName of the UniversityAuthor Note

1CONSTRUCTION LAWQuestion: The following exercise is designed to encourage reflective evaluation of keycontractual provisions of JCT SBC/Q 2011. Exercise on employer’s obligations under JCT2016, Having regard to published commentaries and other explanatory material relating toJCT SBC/Q 2016 and the relevant common law, consider whether the provisions of JCT SBC/Q 2016 and the common law give adequate protection to a contractor where the employer is inbreach of its obligations.The obligation between a couple of parties that binds them into fulfilling certain termsand conditions favoring their situation is a contract, the definition is stated in the laws of‘Obligation’. The contractual terms are based on basically two fundamental conditions, offer andan unconditional acceptance. The Implied, Express and terms incorporated will hold the manyconditions necessary for binding a lawful contract1. The mutual acceptance of certain obligations by parties involved with accordance to lawis a contact; the court rightfully watches over the use and lawfulness of such contractual termsand manages them. When any of the parties neglect a certain term, it would be called a breach.The contractual architect has the right to pass provisions needed (JCT 2016 suite in this case)when a breach is notice, if the architect’s remedies are unacceptable, the parties may reach out tocourt. When single or multiple terms are broken in a contract by a party, then, it is referred to asa contractual breach. In case of a breach, it is expected of a party to firstly identify the very1It is noted that is some scenarios, pre-contractual statements form part of the contract which may be based on the intent of the parties as seen through the eyes of a reasonable third party, Bannerman v White (1861) 10 CBNS 844

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