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Summary
Summary
Express permission is made in the various ICE forms of contract, and in the CECA forms of subcontract, for claims by the contractor for reimbursement of additional costs and for allowance of additional time to compensate for events that were not foreseeable at the date of the contract. In addition, claims may be made for damages for breach of contract, where the employer or his engineer is in default of his obligations under the contract. But the application of clauses giving rights to such compensation or damages is frequently misunderstood, with the result that the notices and records necessary for a claim to succeed are often not available.
This, the third edition of an essentially practical book, explains the legal requirements of a successful claim, and the actions that should be taken by the contractor when difficulties arise that give him a right to reimbursement or to an extension of time, or, more usually, both. Similarly, actions are explained that should be taken by the employer and by his engineer in resisting unjustified claims.
This edition covers both the Fifth and the Sixth Editions of the ICE Conditions, the Minor Works Conditions, and the Design and Construct Conditions. New features include a chapter on the New Engineering Contract and the CECA Forms of Subcontract. Examples of claims submissions are included, and a number of recent cases have been considered.
Table of Contents
Part 1 Introduction |
Definition of claim |
Legal basis of claims |
Part 2 Claims and the Engineer |
Engineer's role and functions in claims settlement |
Engineer's liability to the contractor |
Delegation of the engineer's powers |
Engineer's decision under ICE Conditions |
clause 66(3) |
The position under the Minor Works Conditions |
Reference to arbitration - the engineer's role |
Part 3 Contractual Claims |
The meaning of ""cost"" |
The basis of contractual claims |
Documents mutually explanatory |
Late issue of fur |