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Wednesday, June 12, 2019

Standard Building Contract Essay Example | Topics and Well Written Essays - 2750 words

Standard Building Contract - Essay ExampleFurther under clause 3.10.3 if the decl atomic number 18r does have some(prenominal) reservation he must inform the CA/ architect within 7 days. In case the contractor refuses to comply or does not react in writing within 7 days, the clause 3.11 of the JCT contract is applicable under which the CA/Architect have the queen to employ another person/ caller to perform the labor movement and the cost incurred in the engagement of the new party to complete the task will be paid by the contractor and deducted from the contract sum. In my opinion I believe that the situation in our case the CA/Architect will furnish a written lineup and if the contractor does not comply he will have to face similar outcomes as mentioned above. Now, the employer has to invite another party to complete the desired task and deduction from the current contractors bill. Thirdly the issues of the modification of working hours where the architect has already writte n a garner to the contractor. Hence he has through his part of the work so that the clauses under chapter of variation of JCT contract 05 can be applicable. Under the clause 5.1.2.3 the CA/Architect has the right to change and form variation in the working hours of the contractor and the contractor has to comply with the orders, where as he has the choice to make an equal rating of the variation, which is then to be communicated to the CA/Architect, 5.2 Valuation of Variations and provisional sum work, clause 5.6 The Valuation Rules Measurable Work and 5.9 Change of conditions for other work are applicable.... ect have the power to employ another person/party to perform the task and the cost incurred in the engagement of the new party to complete the task will be paid by the contractor and deducted from the contract sum. In my opinion I believe that the situation in our case the CA/Architect will issue a written notice and if the contractor does not comply he will have to face si milar outcomes as mentioned above. Now, the employer has to invite another party to complete the desired task and deduction from the current contractors bill. Thirdly the issues of the modification of working hours where the architect has already written a letter to the contractor. Hence he has done his part of the work so that the clauses under chapter of variation of JCT contract 05 can be applicable. Under the clause 5.1.2.3 the CA/Architect has the right to change and make variation in the working hours of the contractor and the contractor has to comply with the orders, where as he has the choice to make an equal valuation of the variation, which is then to be communicated to the CA/Architect, for which the clauses 5.2 Valuation of Variations and provisional sum work, clause 5.6 The Valuation Rules Measurable Work and 5.9 Change of conditions for other work are applicable. I strongly believe that the contractor has no other option but to comply with the instructions as it engage s as employer directly. In case of non complaisance to the instructions that are been given by the CA/Architect, the contractor can face disqualification from the project under the clause 3.11 Non-compliance with instructions of the JCT standard form of building contract. Whereas this clause is recommended to be a used as a warning as in our case where the contractor is repeatedly

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