Read e-book online Engineering Law and the I.C.E. Contracts PDF
By M.W. Abrahamson
The kinds of gentle, contract, stipulations and bond released by way of the establishment of Civil Engineers were designed to standardise the tasks of contractors, employers and engineers and to distribute relatively the hazards inherent in civil engineering.
This vintage consultant to the contracts presents and authoritative reference, and in addition a wealthy and functional advent to the rules of development law.
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Extra info for Engineering Law and the I.C.E. Contracts
E. 5th edition, the contract price is on final measurement recalculated from the individual rates without any adjustment, so that errors in extension, totalling or carrying forward of rates have no effect. It is therefore particularly necessary for the engineer to check the individual rates. n Mistakes in the rates themselves not found by or on behalf of the employer before acceptance of the tender bind the contractor for all work done, including variations unless they fall outside the variation clause in the original contract (pp.
12 of these Conditions. (c) Measure and value contract: “The whole of the work will be remeasured, and payment made for the work actually done”. Here the bill of quantities is incorporated in the contract principally as a schedule that fixes the rates of payment. E. contract is now firmly measure and value, but the quantities in the bill may be the foundation of a claim by the contractor (p. 210). The essential legal differences between a measure and value and a quantities contract are small. They occur where the contractor makes a mistake in extension or totalling or a deduction from the total of the bill of quantities, see fully pp.
589, notification to the employer’s surveyor by the contractors that they would require the fluctuation clause to apply to materials not in the list of materials attached to the bill was ineffective, because although the surveyor did not repudiate the qualification neither did he agree to it. Leslie & Co. v. P. 462 is a similar decision. See also Boot & Sons Ltd. v. C. R. 1069, where it was the employer who was caught out. Tender and agreement 23 The problem in writing a qualification is that if it is worded very generally it may be interpreted restrictively by the courts so as to alter the other contract terms as little as possible, in accordance with the principle of reconciling and giving effect to all the terms of the contract as far as possible (p.