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What Are You Doing Right Now? (286 Viewers)
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This:
The answers are hidden away in a 113 page construction contact and it is a pain in the arse to find any comment on it, because our lecturer is making us use an outdated version of the contract.
In the case of Trollope & Colls Ltd. v. North West Metropolitan Regional Hospital Board [1973] 2 All E.R. 260 at 266 Lord Denning is quoted (by Lord Pearson) as follows:
“It is well settled that in building contracts…where there is a stipulation for work to be done in a limited time, if one party by his conduct - it may be quite legitimate conduct, such as ordering extra work - renders it impossible or impracticable for the other party to do his work within the stipulated time, then the one whose conduct caused the trouble can no longer insist upon strict adherence to the time stated. He cannot claim any penalties or liquidated damages for non-completion in that time. The time becomes at large. The work must be done within a reasonable time - that is, as a rule, the stipulated time plus a reasonable extension for the delay caused by his conduct.”
Write an essay critically evaluating this comment in the light of the provision made in JCT 98 to address the matter of employers’ delay.
“It is well settled that in building contracts…where there is a stipulation for work to be done in a limited time, if one party by his conduct - it may be quite legitimate conduct, such as ordering extra work - renders it impossible or impracticable for the other party to do his work within the stipulated time, then the one whose conduct caused the trouble can no longer insist upon strict adherence to the time stated. He cannot claim any penalties or liquidated damages for non-completion in that time. The time becomes at large. The work must be done within a reasonable time - that is, as a rule, the stipulated time plus a reasonable extension for the delay caused by his conduct.”
Write an essay critically evaluating this comment in the light of the provision made in JCT 98 to address the matter of employers’ delay.
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