Abstracts » Construction and materials industries

Architect paralysed by legal definition

Article Abstract:

The wording 'failing to proceed regularly and diligently' in a Joint Contracts Tribunal contract means that contractors must work to fulfill contractual obligations. They should plan their work and manage employers well and provide adequate material and skilled tradesmen. Newham County Council unfairly sacked an architect for failing to issue a default notice on the contractor in Nov 1992. The contractors had only completed 6 flats in 40 weeks when the contract specified 132 flats in 61 weeks. The architect failed to seek legal advice on the meaning of 'failing to proceed regulary and diligently.'

Contracts, Design and construction, Architects, Breach of contract

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Agreed on a small matter

Article Abstract:

The legal definition of 'conflict' within the UK construction industry is easily confused. Conflict means a dispute between the client and architects, client and quantity surveyor and other members of the construction industry. Contractual claims for loss and expense are disputes and do not become conflict when they become an arbitration or result in litigation.

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Playing for both sides

Article Abstract:

Issues are presented concerning the conflicts which can occur in role of the adjudicator as a mediator and adjudicator in cases of non-agreement. A case study involving an adjudicator in both roles is discussed.

Management, Column, Administrative procedure

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