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Standard Building Contract - Essay Example

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In the paper “Standard Building Contract” the author analyzes problems and issues as per JCT 2005 Standard form of Building contract. The first is regarding the fact that the contractor noticed a contradiction between  drawing and BOQ but assuming that drawings were right, conducted the work accordingly…
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Standard Building Contract
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Download file to see previous pages Further under clause 3.10.3 if the contractor does have any reservation he must inform the CA/Architect within 7 days. In case the contractor refuses to comply or does not respond in writing within 7 days, the clause 3.11 of the JCT contract is applicable under which the CA/Architect have the power to employ another person/party to perform the task and the cost incurred in the engagement of the new party to complete the task will be paid by the contractor and deducted from the contract sum. In my opinion I believe that the situation in our case the CA/Architect will issue a written notice and if the contractor does not comply he will have to face similar outcomes as mentioned above. Now, the employer has to invite another party to complete the desired task and deduction from the current contractor’s bill.
Thirdly the issues of the modification of working hours where the architect has already written a letter to the contractor. Hence he has done his part of the work so that the clauses under chapter of “variation” of JCT contract 05 can be applicable. Under the clause 5.1.2.3 the CA/Architect has the right to change and make “variation” in the working hours of the contractor and the contractor has to comply with the orders, where as he has the choice to make an equal valuation of the variation, which is then to be communicated to the CA/Architect, 5.2 “Valuation of Variations and provisional sum work”, clause 5.6 “The Valuation Rules Measurable Work” and 5.9 “Change of conditions for other work” are applicable....
ect have the power to employ another person/party to perform the task and the cost incurred in the engagement of the new party to complete the task will be paid by the contractor and deducted from the contract sum. In my opinion I believe that the situation in our case the CA/Architect will issue a written notice and if the contractor does not comply he will have to face similar outcomes as mentioned above. Now, the employer has to invite another party to complete the desired task and deduction from the current contractor’s bill. Thirdly the issues of the modification of working hours where the architect has already written a letter to the contractor. Hence he has done his part of the work so that the clauses under chapter of “variation” of JCT contract 05 can be applicable. Under the clause 5.1.2.3 the CA/Architect has the right to change and make “variation” in the working hours of the contractor and the contractor has to comply with the orders, where as he has the choice to make an equal valuation of the variation, which is then to be communicated to the CA/Architect, for which the clauses 5.2 “Valuation of Variations and provisional sum work”, clause 5.6 “The Valuation Rules Measurable Work” and 5.9 “Change of conditions for other work” are applicable. I strongly believe that the contractor has no other option but to comply with the instructions as it engages as employer directly. In case of non compliance to the instructions that are been given by the CA/Architect, the contractor can face disqualification from the project under the clause 3.11 “Non-compliance with instructions” of the JCT standard form of building contract. Whereas this clause is recommended to be a used as a warning as in our case where the contractor is repeatedly ...Download file to see next pagesRead More
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