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Internatioanl Construction Contract Consultants - Essay Example

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"International Construction Contract Consultants" states that we have to take into account legal provisions and precedents in arriving out whether a contractor can be held liable for inclement weather, delay in supply of design, delay due to finding of antiquities and delay due to labor shortages…
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Internatioanl Construction Contract Consultants
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Download file to see previous pages A contractor’s privilege to avail of an extension of time due to concurrent delays can be found in (Henery Boot vs Malmaison. In this case, Mr. Justice Dyson in 1999 cited an illustration in a worksite where standstill of work was caused due to labor shortages, which was not a relevant event especially during phases of extraordinarily inclement weather, which was a relevant event. If during that period, if there is a disruption of work, which might have resulted in the delay of completion of the contract by a fortnight, then, if an architect thinks it reasonable and fair to do so, then he must sanction an extension of time in spite of contractor’s labor issues.

If inclement weather and short-supply of labor by the contractor has occurred not concurrently or in a parallel manner but has run from dissimilar commencing dates, then the position will be entirely different. For instance, if labor shortage commences on Sunday and if the inclement weather commences from Wednesday, then there arises a question whether the two occasions are still to be considered as a concurrent event, or if they must start approximately simultaneously.
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In (Royal Brompton vs. Hammond ), Justice Seymour held in 2001 that they must commence simultaneously to qualify as a concurrent event. However, in (City Inn ) case, this was opposed by Lord Drummond Young. According to him, even if the starting dates of two events were different, this would still be regarded as the case of delays occurring concurrently, and it might be proper to allocate liability for the delay between the two events.

No doubt, the verdict in City Inn will find more support from contract administrators. In this case, the main question is when there are concurrent delays; it is to be judged how the administrator is to exercise their decision in concluding the extension of time on a reasonable and fair basis. ...Download file to see next pagesRead More
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