The basis of the law of contract is the legal enforceability of promises. In breach of contract, the innocent party has several legal remedy.
Author: Ranjith Ekanayake
Law of contract – The Necessity of the Law
Contract law tries to enforce obligations which the parties have voluntarily assumed. However, all contracts do not have to be in writing.
Case Law – if the Contract Administrator is not acting impartially
The Engineer/Architect/Contract Administrator is not acting impartially if he allows the employer to interfere with his independent judgment when issuing certificates.
Interim Payment Certificates
Any certificate of payment issued by the Engineer before the Final Payment Certificate is defined as an interim Payment.
Techniques used to control groundwater
For keeping the area of excavation in dry condition, the water table should be maintained at least 0.5 m below the bottom of the excavation.
Case Law – Omissions
Under many standard contract conditions, there is a provision permitting the contract administrator to initiate any variation to the works.
Case Law – Power needed to issue variations
Legally a variation can be defined as an agreement between parties supported by consideration to change some terms of the contract between them.
Case Law – Is it a Variation or Not?
In a construction contract, it may be in the form of a change to the original design, quality, or quantity of the works set out in the original scope of works under the contract.
Variations
Variations can be defined as changes to the design, quality, or quantity of the works set out in the original scope of works under the contract. Therefore, normally it will result in either increase or decrease from the contract sum.
Daywork
Sub-Clause 13.6 – FIDIC 1999 For work of a minor or incidental nature, the Engineer may instruct that a Variation shall be executed on a daywork basis. The work shall then be valued in accordance with the Daywork Schedule included in the Contract, and the following procedure shall apply. If a Daywork Schedule is not…
Duties, Powers, and Responsibilities of the Engineer
The Engineer “The Engineer” in accordance with most Standard Forms of contract performs; – the dual function of the “Agent” of the employer, and – impartial expert professional who enjoys quasi-judicial powers in administering the Contract. The ICTAD Condition of Contract in Sri Lanka identifies the Engineer’s powers, duties, and responsibilities as follows: The Engineers…
Dispute resolution in Construction Projects
In the modern world, construction projects have become inevitably complex due to the dynamic business and technology-oriented environment. Major improvements in nowadays construction projects are; Great deal of inputs involvement, Accretion of numerous parties engaged, Variety of technological attachment. Poor stakeholder relationship frequently leads to many conflicts during the construction. Its ultimate results could be…