If we explain simply, it is a demand for something due. Or it may be a request, demand, and application for payment or notification of entitlement given from one party to the other party, rightly or wrongly at that stage.
Author: Ranjith Ekanayake
Liquidated Damages
Every client tries to shift at least part of the risk onto contractors. The common form of shifting the risk is providing a liquidated damages clause in the construction agreement.
Nominated Subcontractors
Nominated subcontractor means a subcontractor who is stated in the contract as a nominated subcontractor or whom the consultant instruct the contractor
Methods of Tendering
Suitable contractor for a proposed construction project is selected by the client. There are several methods to be followed. The client has to decide whether any or all interested bidders are permitted to submit offers or will it be limited to a selected group.
Quantity surveyor
A Quantity Surveyor is a construction professional. His main expertise is primarily to carry out an estimate,project cost control and quantity take-off. His duties include commercial, risk and contract management to ensure that the party he works for gets the best value for money.
SKILLS OF NEGOTIATIONS
Negotiation is the most cost efficient method to resolve construction dispute as it is informal. In addition, it is speedy and non-complex in nature.
PRELIMINARIES
Preliminaries are works involved in administering a project and providing site based services and general plant facilities. Section A of SMM7 covers these items which relate to the contract as a whole and are not confined to any particular work section.
ELECTRICITY – IS IT A SOURCE OF ACCIDENTS AT CONSTRUCTION SITES?
Electricity is the mostly used energy source to power machinery, equipment, tools, office equipment and illumination at building construction sites.
SALE OF GOODS – IMPLIED CONDITIONS – Sri Lanka
Sale of Goods is the most common way on which ownership passes from one person to another, that is from seller to buyer. Since this is a contract, law of contract would prevail generally. Additionally, there is a specific law – Sale of Goods Ordinance, no: 11 of 1896.
SECURITY OF PAYMENTS in Sri Lankan Construction Industry
According to Department of Census and Statistics of Sri Lanka, the construction industry has contributed highest share – 7.5 percent – within the industry sector in the year 2019. It grew by 4.0 percent during the year 2019, when compared to the year 20181. For Gross National Income (GNI), it was nearly one thousand billion SLR for the year 20182. It is more than twenty five percent of the GNI of the whole industrial sector. Therefore, any disruption in the process of the construction industry may destabilize the industry, thus giving a huge impact to the economy of the country.
DOCTRINE OF COMPETENCE – COMPETENCE
Arbitration is becoming a well-accepted alternative dispute resolution mechanism for many of those disputes.
Legal Systems in Ancient Sri Lanka
Sri Lanka does not have written confirmations about the legal systems that prevailed during pre colonial days.