An international outcry

Article Abstract:

The new forms introduced in Sep 1999 by the International Federation of Consulting Engineers are a great disappointment to many international contractors, especially European contractors. It is now widely believed that the balance is strongly in favour of the employer. Contractors are forced to price for all the new risks and not win the contract or to ignore the new risks, win the contract and face the penalty. The Silver Book, one of the forms, imposes on the contractor liability for damage to any property, regardless of where that property is and even if the property is not damaged by act or omission.

Column, Contracts

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Vandals, thieves, protesters

Article Abstract:

There are a number of complex legal issues relating to cases of theft, criminal damage, trespass and vandalism on construction sites. In most cases, the employer is obliged by contract to grant the contractor unhindered possession of the site, so any squatters or protestors already on the site must first be removed. If squatters or protestors occupy the site after it has been handed over to the contractor, then this is deemed to be the contractor's risk. Contractors should also be fully aware of their legal responsibilities towards subcontractors and their equipment.

Crimes against

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What is the job worth?

Article Abstract:

Quantum meruit claims arise when a contract does not exist between contractors or when either side are mistaken in the belief that a contract has been made. Following a successful quantum meruit claim there has been some difficulty in deciding the amount of reimbursement the injured party should receive. A legal case in the United Kingdom courts in December 1996 found that a quantum meruit award to a contractor should be worth cost plus profits. Where quantum meruit is awarded due to failure of negotiation only the pricing level should be awarded.

United Kingdom, Laws, regulations and rules, Contractors

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