Hotel clash offers feast of debate
Article Abstract:
The judgement in a dispute between clients and their architect has several controversial aspects. The case contained 28 distinct complaints including the identity of the client, the amount of supervision the architect gave on site and the loss of earnings resulting from delays in completion of the contract. The clients also criticised the architects use of the JCT Minor Works form of contract as the job was worth 190,000 pounds sterling. However, the judge supported the architect's decision as the contract was chosen in the interests of the client.
Publication Name: Building
Subject: Construction and materials industries
ISSN: 0007-3318
Year: 1992
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Time 'at large' does not lead to riches
Article Abstract:
The Court of Appeal has rejected the ruling of the judge in the case of McAlpine Humberoak v McDermott International. The case concerned a contract that was altered before it was signed and the judge has ruled that this amounted to frustration of the contract. The Appeal judges found this could not be argued and also rejected McAlpine's arguement that time was 'at large' so the agreed price was no longer valid.
Publication Name: Building
Subject: Construction and materials industries
ISSN: 0007-3318
Year: 1992
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Referee's swansong defines JCT 80 'conditions.' (joint contracts tribunal 1980)
Article Abstract:
Clause 41.6.1 of the joint contracts tribunal 1980 (JCT80) provides that a party can apply to the court if disatisfied by an arbitrator's award. A recent decision made by Judge Thayne Forbes shows that the definition of the word 'similar conditions' in clause 13.5 of JCT80 applies only to the written contract, such as drawings, specification or bills and not to surrounding matters.
Publication Name: Building
Subject: Construction and materials industries
ISSN: 0007-3318
Year: 1993
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