Contract law: Legal and Procedural ImplicationsInvariably, the presence of the discovered iron anvils projects upon the overall construction work schedule in terms of projected period cost implications and required work force. Adding to this is the projected influence upon contractual terms of the agreement, represented in the form of signed binding agreements amongst pertinent project stakeholders. As Martin and Law (2006) elude, this would necessitate legal input from construction law, and specifically contract law. It is based on the fact that construction law legally requires both project owner and contractor to act in good faith, with regard to the performance of project contractual obligations (Martin & Law 2006). According to the contract – JCT SBC 2011 (with quantities without sectional completions) – terms and conditions are set upon the basis of the construction-time frame, expenditure (estimated overhead) and aspects pertaining to workforce present (Martin & Law 2006). Contractor Obligations The constructor’ s obligations with respect to the time for completion of works under the construction contract depends on express provisions stipulated in the contract or, in cases where the terms are not express, then the obligations will be based on terms implied by the English law and in other instances the terms implied for business efficacy purposes.
Construction contracts often provide for the payment of liquidated damages for certain types of the breach, for example, breaches concerning delays. The inclusion of clauses on liquidated clauses of the delayed nature has advantages for all parties on the contract (Smith, 2011:1). Construction Law: Contractual AgreementsAlthough there is no requirement for specific contract formalities, it is normal practice to legally utilize standard-form contracts i. e. the JCT form in England, the U. K., as portrayed by Born (2009).
Accordingly, in order to adequately expedite resolution of disputes, such standard forms are essential in providing grounds for arbitration. This is usually carried out by either a professional arbitrator (individually) or by a ‘ board(s) of arbitration. '
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