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Construction and materials industries

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Implied terms

Article Abstract:

UK construction contractors should be aware of the need to consider the express terms of a contract and restrict its implication if required. This has been highlighted by the case of Scottish Power vs Kvaerner Construction Ltd, in which it was recognized that there could be no implied term in a contract that was contradicted by an express term. However, if the express terms of the contract simply touch on the subject matter of an implied term, then they do not necessarily exclude it.

Author: Morrison, Alastair
Publisher: Builder Group plc
Publication Name: Building
Subject: Construction and materials industries
ISSN: 0007-3318
Year: 1998
United Kingdom

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Standard complaints

Article Abstract:

It is important that careful consideration is given to amendments to standard forms of contract to make them meet the conditions of the UK Construction Act. Standard amendments can prompt issues that should be investigated before contracts are signed. With respect to the most recent ICE and JCT amendments, these issues include costs of adjudication, non-compliance and suspension of work. Above all, it is vital not to become complacent simply because the amendments exist.

Author: Clayton, Peter
Publisher: Builder Group plc
Publication Name: Building
Subject: Construction and materials industries
ISSN: 0007-3318
Year: 1998

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Subjects list: Construction industry, Column, Contracts
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