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Article Abstract:

Questions are raised regarding whether the JCT form was part of a contract in which a contractor starts work on the basis of a tender and subsequent letter that refer to a JCT standard form, but none is signed. When an employer's consultant recommends a building contract, there is nothing unfair about the terms in it as between employer and contractor but in such circumstances there may be cause for complaints as between employer and consultant.

Author: Lindsey, Sue
Publisher: EMAP Architecture
Publication Name: Architects' Journal
Subject: Business, international
ISSN: 0003-8466
Year: 2005
Contracts & orders received, Contracts & orders let, Contracts, Contract agreement, Contractors

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When do liquidated damages add up to an unenforceable penalty?

Article Abstract:

The issue of liquidated damages that should be fixed by making a reasonable estimate of the losses that might flow from a delay is highlighted. It is argued whether a high level of liquidated damages stipulated in a contract make a particular provision an unenforceable penalty.

Author: Lindsey, Susan
Publisher: EMAP Architecture
Publication Name: Architects' Journal
Subject: Business, international
ISSN: 0003-8466
Year: 2005
Liquidated damages

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Subjects list: United Kingdom, Construction industry, Laws, regulations and rules, Government regulation
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