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Civil Engineering Construction Contracts 2nd Edition by M. O'Reilly

By M. O'Reilly

This e-book presents an exceptional history on quite a few crucial civil engineering contracts together with the ICE sixth, the NEC2, the Arbitration and Conciliation Acts and the Housing can provide, development and Regeneration Act 1998. it's also observation at the ICE seventh and overseas contracts. The e-book offers a concise advent to agreement legislation and discusses numerous commonplace varieties of agreement utilized in civil engineering initiatives to supply an research of many of the agreement techniques.

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The second is where the contract provides a mechanism for the scope or specification of the work to be varied and that mechanism is operated. Variations of the contract If the employer, or his authorised representative, allows a relaxation to the specification so that a set of mutual benefits (thus providing sufficient 17 In IBA v. EMI Electronics Ltd and BICC Construction ltd (1980) 14 BLR 1 (HL), the litigation resulting from the collapse of the Emley Moor television mast, for example, Lord Scarman said: In the absence of a clear contractual indication to the contrary, I can see no reason why one who in the course of his business contracts to design, supply and erect a television aerial mast is not under an obligation to ensure that it is reasonably fit for the purpose for which he knows it was intended to be used.

The solid walls were unsuitable and allowed damp penetration. Held, the builder complied with design and was not liable. Young & Marten Ltd v. McManus Childs ltd [1969] 1 AC 454 (HL). 32 Civil engineering construction contracts consideration) is derived from the relaxation, in circumstances where it is clear that both the contractor and employer intend the relaxation to be binding, then a variation of the contract will ensue. A compliance with the relaxed specification will be a compliance with the new contract.

Simmonds [1971] 1 WLR 1381 (HL) See, for example, Balfour Beany Building Ltd v. Chestermount Properties Ltd (1993) 9 Constr. J. 117, per Coleman J at 127. Antaios Compania Navkra SA v. Sakn Redenema [1985] 1 AC 191 (HL); Davy Offshore Ltd v. Emerald Field Contracting Ltd (1991) 55 BLR 1. Schuler (L) AG v. Wickman Machine Tool Sales Ltd [1974] AC 235 per Lord Reid at 251. 44 The explanation for this rule is as follows. Where proposed terms are offered and the offeree rejects them, the rejected terms add nothing to an understanding of the terms which are eventually accepted.

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