Download Aspects of Civil Engineering Contract Procedure by R. J. Marks PDF

By R. J. Marks

Revised and multiplied, this booklet offers an updated and complete description of civil engineering agreement systems, and covers the entire spectrum of the felony, contractual and valuation implications of contracts for development works. This 3rd version covers relevent English legislations as much as 1983. The vast amendments additionally contain a completely revised bankruptcy on out of the country contracts, and a comparability of the JCT eighty agreement with the ICE agreement.

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Sample text

If both parties agree that their written contract is inaccurate, and agree upon the form of correction to be made, there is, of course, no need to have recourse to the courts. In these circumstances the parties may rectify the contract themselves. Where, however, one party wishes to correct the contract and the other refuses, the party who insists upon the correction has to take proceedings for rectification. The Plaintiff in such proceedings must adduce evidence that leaves no fair or reasonable doubt that the written contract does not embody the 1 common intention of the parties.

A new and improved version was published in 1984) Intermediate Form of Contract, 1984 issued by the J. C. , not considered suitable for contracts subject to Scottish Law and not to be recommended elsewhere for works that include nominated sub-contracts. TYPES O F CONTRACT AND THEIR STANDARD FORMS 51 These are the standard forms most often used for constructional work, and each one has been framed for use with a particular class of work. E. T. quantities forms are more widely accepted than the others.

There is a concluded contract but the forms vary. The terms and conditions are to be construed together. If they can be reconciled so as to give a harmonious result, all well and good. " Such uncertainty in a contract is clearly undesirable. It may be that standard terms on the back of orders, acceptances and acknowledgements can be drafted in such a way that they cancel out the other party's terms. That will prevent the other party winning the battle of the forms. But to draft terms which are guaranteed to prevail would be a difficult, if not impossible, task.

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