Brum deal
Klein, R
Brum deal - 2000 - Building 265(8162) 17 November 2000, 62-63(2) .
Argues that Birmingham City Council's 'standard form of warranty' for specialist contractors is stacked against specialists and fails to uphold the best value principle. Under clause 2 of the warranty, specialists can be recalled to site for 12 years where 'relevant defects' have occurred, with three parties empowered to identify the defect. Moreover, the employer has an additional 12 years to commence proceedings, which means the specialist is liable for 24 years. Finally, if the dispute goes to arbitration and the specialist wins, the warranty cuts the award to half the sum claimed. Advises that specialists working under this kind of document, should negotiate a rewrite or refer the warranty to adjudication.
BEST VALUE
DEFECTS
STANDARD FORMS
SPECIALIST CONTRACTORS
LIABILITY
WARRANTIES
BIRMINGHAM CITY COUNCIL
Brum deal - 2000 - Building 265(8162) 17 November 2000, 62-63(2) .
Argues that Birmingham City Council's 'standard form of warranty' for specialist contractors is stacked against specialists and fails to uphold the best value principle. Under clause 2 of the warranty, specialists can be recalled to site for 12 years where 'relevant defects' have occurred, with three parties empowered to identify the defect. Moreover, the employer has an additional 12 years to commence proceedings, which means the specialist is liable for 24 years. Finally, if the dispute goes to arbitration and the specialist wins, the warranty cuts the award to half the sum claimed. Advises that specialists working under this kind of document, should negotiate a rewrite or refer the warranty to adjudication.
BEST VALUE
DEFECTS
STANDARD FORMS
SPECIALIST CONTRACTORS
LIABILITY
WARRANTIES
BIRMINGHAM CITY COUNCIL