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The Presentation and Settlement of Contractors' Claims 2nd ed

Geoffrey Trickey, Mark Hackett

ISBN13: 9780419205005

ISBN: 0419205004

Published: August 1998

Publisher: Spon Press

Country of Publication: UK

Format: Hardback

Price: £170.00

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Presentation and Settlement of Contractor's Claims provides a detailed and practical examination for construction professionals. Contractual disputes, often involving large sums of money, occur with increasing frequency in the construction industry.

This book presents - in non-legal language - sound professional advice from recognized experts in the field on the practical aspects of claims. This edition has been brought right up to date by taking into account legal decisions promulgated over the last 17 years, as well as reflecting the effects of inflation on claims. The much awaited new edition is based on the 1998 JCT contract.

Subjects:: Construction Law

Contents:: Preface. Table of cases referred to in the text. General Introduction. Building contracts generally. Background to the contents of this book. Comparision between the various editions of the JCT standard form of building contract. References.; 1998 edition of the Joint Contracts Tribunal standard form of building contract. Extensions of time. Introduction. The purpose of clause 25. Delay in granting an extension of time. Comparision of clauses 25, 26 and 22. The inter-relationship of clauses 23, 24 and 25. Clause 25 considered in detail. The status of the contractor's programme. Clauses 23 and 24 considered in detail. The effect of clause 31F on extensions of time. The calculation of the rate for liquidated and ascertained damages. The effect of fluctuations payments on the calculation of the rate for liquidated and ascertained damages. General observations on liquidated and ascertained damages. References. Variations and disruption. Introduction. The definition of variations. Clause 13.5 considered in detail. Clause 26 considered in detail. References. Ascertaining the loss or expense. Introduction. Materials. Labour disruption. Attraction money and bonus payments. Preliminaries and supervision. Inflation. Head office overheads and profit. Interest charges. Some inadmissible items. References. Nominated sub-contractors and suppliers. Introduction. Tenders for nominated sub-contractors' work. Difficulties encountered at sub-contract tender stage. Objection by contractor to a nomination. The employer/sub-contractor agreement (the warranty). Delay or disruption. Right of set-off. Determination. Nominated suppliers. References. Determination of the employment of the contractor. Introduction. Determination by employer under clause 27. Determination by contractor under clause 28. Determination under clause? Comparison between the various editions of the JCT standard form of building contract The JCT family of forms. Claims under the JCT management contract and works contract. Claims under the JCT design and build contract. Claims under the JCT intermediate form of contract. Claims under the JCT minor works contract. The control of claims. Introduction. Eliminating or containing claims. Tactics. Conclusion. References. A worked example of the ascertainment of direct loss and/or expense. Index.