By J. Roger Knowles
Procurement -- Tenders and bidding -- layout -- Letters of reason -- Programme -- Delays and hold up research -- Extensions of time -- Liquidated/delay damages -- adaptations -- Loss and expense/additional rate -- fee -- functional of entirety and defects -- Rights and treatments -- Adjudication
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Additional resources for 200 contractual problems and their solutions
It was held that the defendant had not been in breach of the duty of equality and nondiscrimination. The court found that it was wrong to describe the claimant’s tender as submitted before the deadline as containing an error. It was substantially incomplete, by reason of the omission of the case studies. The wording of the tender enquiry neither obviated the need to submit a complete tender, nor provided a means by which tenderers could supply substantial documents, or substantial sections of documents, after the deadline, so as to complete their tenders.
Simmonds (1971), where it was held that pre-contractual negotiations are inadmissible evidence for the purpose of supporting the construction of a contract. The House of Lords nonetheless came down on the side of the defendant. It was considered that the wording included in the contract regarding the Additional Residential Payment made no commercial sense. The decision followed the reasoning of the House of Lords in its decision in Investors Compensation Scheme Ltd v. West Bromwich Building Society (1998).
The major difference between construction management and management contracting is that the construction manager acts solely as a manager and is not in contract with the trade contractors, who undertake all of the work. 9. An additional difference between management contracting and construction management is that the construction manager is a first appointment and will be responsible for selecting the design team, even if they are in contract with the employer. 10. The employer enters into separate trade contracts with each of the trade contractors who will be carrying out the work.
200 contractual problems and their solutions by J. Roger Knowles