Ready, set-off, go!
Article Abstract:
There are very mixed views within the UK construction industry about the exact interpretation of set-off clauses in contracts. This was seen in the case of Mellowes Archital v Bell Projects, where Bell, the main contractor, withheld payment from Mellowes in apparent contravention of the set-off clauses in their contract. Bell argued that loss and expense due to delay should not be interpreted as coming within set-off regulations. In general, a claim for damages for delay is a set-off, and the main contractor can only withhold payment if the subcontract rules are followed.
Publication Name: Building
Subject: Construction and materials industries
ISSN: 0007-3318
Year: 1997
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Sweeping statements
Article Abstract:
The bad practices of some construction industry lawyers can reek havoc on the completion of building projects. Poor lawyers may persuade clients to accept inadequate and substandard contracts, which fail to take into account security for the customer and contractors. Construction industry lawyers have a duty to provide clients with the best possible legal advice which prevents the threat of financial insecurity should problems occur during the construction period.
Publication Name: Building
Subject: Construction and materials industries
ISSN: 0007-3318
Year: 1999
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Shaky ground
Article Abstract:
Contractors and architects should work together to discover flaws in project work, otherwise legal expenses could be costly if legal liability is found. Either party may find it necessary to point out limitations with work carried out during a project, although there is no legislation which makes it a contractural obligation. The courts require common sense to prevail in cases where an obvious flaw is spotted by either the contractor or designer.
Publication Name: Building
Subject: Construction and materials industries
ISSN: 0007-3318
Year: 1999
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