Talking about delays
Atkinson, D
Talking about delays - 2001 - Building 266(8207) 23 November 2001, 50-51(2) .
Examines construction project delays and the issues surrounding the 'prevention principle', extension-of-time clauses and notice clauses. Ilustrates the conflict between the employers right to insist on notice and the contractors need to stop a party benefiting from its own breach of contract with reference to the Australian case "Gaymark Investments Pty Ltd v Walter Construction Group" and the Scottish case "City Inn Ltd v Shepherd Construction Ltd". Concludes that until the law is agreed in this area, notice and liquidated damages clauses should be written to give effect to the prevention principle and the impact of failure to give notice in the terms suggested in the contract.
NOTICE CLAUSES
CONTRACTORS
CONSTRUCTION PROJECTS
PREVENTION
GAYMARK INVESTMENTS PTY LTD V WALTER CONSTRUCTION GROUP PTY LTD
CITY INN LTD V SHEPHERD CONSTRUCTION LTD
JCT80
EXTENSION OF TIME
DELAYS
FACILITIES MANAGEMENT
Talking about delays - 2001 - Building 266(8207) 23 November 2001, 50-51(2) .
Examines construction project delays and the issues surrounding the 'prevention principle', extension-of-time clauses and notice clauses. Ilustrates the conflict between the employers right to insist on notice and the contractors need to stop a party benefiting from its own breach of contract with reference to the Australian case "Gaymark Investments Pty Ltd v Walter Construction Group" and the Scottish case "City Inn Ltd v Shepherd Construction Ltd". Concludes that until the law is agreed in this area, notice and liquidated damages clauses should be written to give effect to the prevention principle and the impact of failure to give notice in the terms suggested in the contract.
NOTICE CLAUSES
CONTRACTORS
CONSTRUCTION PROJECTS
PREVENTION
GAYMARK INVESTMENTS PTY LTD V WALTER CONSTRUCTION GROUP PTY LTD
CITY INN LTD V SHEPHERD CONSTRUCTION LTD
JCT80
EXTENSION OF TIME
DELAYS
FACILITIES MANAGEMENT