Mediation is an effective method of preventing, managing, and resolving conflicts. However, a mediation process requires more than the appointment of a high-profile individual to act as a third party. To be effective, opponents need to be convinced of the merits of mediation. Ad-hoc and poorly coordinated mediation efforts, even when launched with the best…
Category: Construction Law
Arbitration in Construction contracts
Alternative Dispute Resolution – ADR ADR has been introduced to resolve disputes in construction contracts outside the Court system. It has come to play a very significant role in resolving disputes today. What does ADR mean? Any method of resolving disputes, other than those adopted by the courts of law as part of the system…
Law of Contract – Unilateral and bilateral contracts
Most contracts are bilateral. This means that each party takes on an obligation, usually by promising the other something – promise in return for a promise.
Law of Contract – the basics
The basis of the law of contract is the legal enforceability of promises. In breach of contract, the innocent party has several legal remedy.
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.
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.
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…