Sins of omission: how does an omission of work differ from a variation? when can works be safely omitted?
Article Abstract:
Most standard construction form contracts provide for the omission of work, but the omission of work by way of variation can cause problems in practice. There are difficult restrictions on the contract administrator or engineer and it needs to be questioned whether the contractor is bound by rules of valuation related to the omitted work, whether the contract administrator can omit all the work and the significance if the work omitted is given to others. Some variation clause allow the employer to omit work for sound technical or commercial reasons, but the rules of valuation would not apply.
Publication Name: Building
Subject: Construction and materials industries
ISSN: 0007-3318
Year: 1997
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Giving it the Works
Article Abstract:
It is vital that contracts used in the UK construction industry contain a clear definition of what is covered by the Works. The key financial area where there must be agreement between the employer and the contractor about what is covered by the Works is in relation to variations. This is because the Works are the reference point from which variations are assessed. Misinterpretation of the definition of Works and variations can cause significant problems, as highlighted by the case of Strachan & Henshaw v Stein Industrie (UK) and GEC Alsthon.
Publication Name: Building
Subject: Construction and materials industries
ISSN: 0007-3318
Year: 1998
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What's it worth, Guv?
Article Abstract:
The article discusses building contracts and the relevance of quantum meruit. The case of Serk Controls Limited vs Drake & Scull Engineering Limited is discussed.
Publication Name: Building
Subject: Construction and materials industries
ISSN: 0007-3318
Year: 2000
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