Construction Contracts Flashcards
What year is the Housing Grants, Construction and Regeneration Act
1996
The Housing Grants, Construction and Regeneration Act includes matters which are not ordinarily considered subject to construction contracts. What are these
An agreement to do Architectural design, surveying work and provide advice on building construction operations
Other than traditional forms of contract, what are the new ‘hyrbrid’ forms of contract.
Guaranteed maximum price contracts, cost reimbursements contracts, target cost contracts.
Housing Grants Construction and Regeneration Act 1996 must provide for ‘what’, unless the duration of work is less than 45 days
must provide for stage or other periodic payments.
Housing Grants Construction and Regeneration Act 1996 must provide for ‘what’ when payments become due and when
provide a mechanism for determining payments and provide a final date for payment.
Housing Grants Construction and Regeneration Act 1996 must provide for ‘what’ no later than five days before the
payment due date
pay less notice, payment due date, specifying the sum considered to be due and the basis on which that sum is calculated.
Section 111 of the 2009 act states
payer must pay the sum which is notified by either the
payer or the payee, or, subject to giving notice seven days before the final date for payment, the payer may pay a lesser sum.
Section 112 of the 2009 act states
Contractor has right to suspend performance of all or any of his obligations under the contract until payment is made.
Party in default is also liable to pay the costs of the suspension.
Section 113 of the 2009 act states
Prohibits pay when paid contracts.
Ina JCT contract, a performance specification is in danger of being held ineffective in seeking to override ‘what’
the conditions of the contract.
In a JCT contract without quantities, the specification is the overriding description of ‘what’
description of the quality and quantity of the work required.
When will a contractor be able to recover payment from a variation?
only if they can show that the employer is bound under
contract to pay.
The mere doing of extra work, or doing work in a way different from that specified, does not
of itself bind the employer to pay for extras.
Reimbursing a contractor for variations that aren’t issued as a written order can be recovered if
there is an implied promise to pay for the works if they were extras.
A collateral warranty is deemed unenforceable if
the warranty is issued after the subcontractors order is signed as there is no consideration.
Contractor can only suspend performance under the contract for non payment if, the contract is subject to ‘what’
Housing Grants, Construction and Regeneration Act 1996.
