By David Chappell; Michael Cowlin; Michael Dunn
Development legislations Encyclopaedia is a concise and authoritative reference, offering info in average intensity on an in depth variety of felony phrases, ideas, words and concerns which are ordinarily encountered within the building undefined. most traditional contracts are mentioned, together with the present suite of JCT Contracts, SBC, IC, ICD, MW, MWD, in addition to ACA, pay per click 2000, GC/Works/1 and NEC. additionally, a few contracts that are theoretically outdated, yet that are nonetheless in universal use, also are coated. With over 1050 entries and diverse move references, it is going to be a useful refere. learn more... development legislations ENCYCLOPAEDIA; PREFACE; FOREWORD; ABBREVIATIONS; A; B; C; D; E; F; G; H; I; J; okay; L; M; N; O; P; Q; R; S; T; U; V; W; Y; Z; BIBLIOGRAPHY; desk OF instances
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A breach of contract of this kind, like any other breach, can vary from the slight to the very serious or fundamental breach, such as where a contractor states that it will abandon the Works. When faced with an anticipatory breach of contract, the innocent party may accept the breach immediately and sue for breach of contract, or accept the breach as repudiation if it is serious enough. Alternatively, the innocent party may opt to wait until the time for performance arrives, and sue or accept the repudiation at that stage.
The employer must permit the contractor to do so unless it is decided otherwise, when the architect should instruct the contractor accordingly and make an appropriate deduction in respect of the work not rectified. 73 That deduction has been held to be appropriate where late notification of defects to the contractor is concerned. 74 However, the position is different if the instruction not to make good is issued because the contractor has either neglected or refused to make good within a reasonable time, or because the contractor’s work record is so bad that the contract administrator has no confidence that it is capable of making good.
For example, a hot summer could scarcely be classed as inclement weather. Excessive heat and drought can be just as damaging to the progress of the Works as snow or frost. 43 The qualifying word ‘exceptionally’ is therefore of the utmost importance. In order to show that weather conditions were exceptionally adverse, the contractor may have to provide meteorological records for a lengthy period – say 10 or 15 years – to show that the weather was exceptional for the area at that time of year. A question that needs to be addressed is: What is the nature of weather that may be expected at the particular site at the particular time when the delay occurs, and how does this compare with the weather actually encountered?
Building law encyclopaedia by David Chappell; Michael Cowlin; Michael Dunn