The speed trap

Article Abstract:

Most standard forms of construction contract used in the UK do not permit the employer or the contract administrator to order the acceleration of the project. Indeed, most forms of contract do not address acceleration at all. There is an element of subjectivity in whether it is possible or economic for a project to be speeded up, and for this reason giving the contract administrator the power to instruct an acceleration is unlikely to prove effective. Employers must be aware that pushing too hard for a rapid completion may prove very costly.

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JCT87 limits redress over defective award

Article Abstract:

Retention monies held under a joint contracts tribunal contract are not retained by an employer to provide protection if a contractor becomes insolvent or to rectify defects. Legislation does not allow a trustee to use the trust monies to pay off debts owed to the trustee. However, an employer can set off amounts where the management contract allows deduction rights. Losses made from failure to sort out a defect will have to become a damage claim and cannot be taken out of the retention monies.

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Time for a rapid response

Article Abstract:

Construction contractors wishing to respond to the UK Department of Employment's draft Scheme for Construction Contracts must do so before 23 December 1996. The consultation paper, Making the Scheme for Construction Contracts, sets out a series of proposals that could form the basis for adjudicating in most small contracts. It is expected that the scheme will be put before parliament in spring 1997.

Compromise and settlement, Settlements (Law), Laws, regulations and rules

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