200 Contractual Problems and their Solutions -- Contents -- Foreword -- Preface -- Chapter 1: Procurement -- 1.1. What are 'entire contracts' and how relevant are they in the construction industry? -- 1.2. Do projects where the parties enter into partnership arrangements require a formal contract to be agreed? -- 1.3. What is the effect of an agreement to undertake work which is expressed as being 'Subject to Contract'? -- 1.4. What is Two-Stage Tendering and how does it operate? -- 1.5. Where tender enquiry documents indicate that an established... -- 1.6. What liability does a tendering contractor have who in its bid names key personnel... -- 1.7. Can a contract which is freely entered into by the parties not be enforced on the... -- 1.8. Can an architect or engineer be held to have acted negligently for advising a client to... -- 1.9. Where an unsuccessful tenderer is prevented from adjusting its tender after it has been... -- 1.10. What is the difference between Management Contracting and Construction Management? -- 1.11. A public sector project is advertised and tenders invited. Within the advertisement, it is... -- Chapter 2: Tenders and Bidding -- 2.1. What is meant by the Battle of the Forms? -- 2.2. If a tender which contains an error is accepted in full knowledge of the error, has the tenderer any redress? -- 2.3. Where a contractor or subcontractor submits a tender with its own conditions of contract... -- 2.4. The submission of an unambiguous quotation which receives an unconditional acceptance can... -- 2.5. Where an employer includes with the tender enquiry documents a site survey which proves... -- 2.6. If, after tenders have been received, the employer decides not to proceed with the work... -- 2.7. What is a tender contract and will it assist a contractor/subcontractor who submits...

2.8. If an architect/engineer, acting as employer's agent in a Design and Construct contract... -- 2.9. Does an employer have any liability for not sending a subsoil survey which is in his possession... -- 2.10. If a subcontractor submits a lump sum estimate to a contractor to carry out the subcontract work... -- 2.11. Where a tender enquiry requires tenders to remain open for acceptance for a specific period... -- Chapter 3: Design -- 3.1. What is the difference between a f itness for purpose responsibility and an obligation to exercise... -- 3.2. Where a contractor/subcontractor's drawings are 'approved', 'checked', 'inspected', etc. by... -- 3.3. Who is responsible for co-ordinating design? Can a main contractor be legitimately given this... -- 3.4. Can a contractor be held responsible for a design error where the employer appoints an architect... -- 3.5 Can a main contractor be responsible if a nominated/named subcontractor's design is defective? -- 3.6. Must a contractor notify an architect/engineer of defects in his design? -- 3.7. Where an architect/engineer includes a new product in his design following advice from a... -- 3.8. Where an architect/engineer is required by the conditions of the contract to approve, or accepts... -- 3.9. Where is the line to be drawn between an architect/engineer's duty to design the works or a... -- 3.10. Where an item of work has been properly provided for in the Employer's Requirements but is... -- 3.11. Is the contractor entitled to payment for design in full when the design work has been completed... -- 3.12. On a design and construct project, where the architect is novated from the employer to the contractor... -- Chapter 4: Letters of Intent -- 4.1. Mr Justice Clarke, in the case of RTS Flexible Systems Ltd v. Molkerei Alios Muller (2010)...

4.2. What risk is a contractor taking if it receives a letter of intent which places a cap on expenditure... -- 4.3. When work is undertaken in accordance with a letter of intent without a contract being entered... -- 4.4. Under what circumstances, if any, could a letter of intent be regarded as a concluded contract? -- 4.5. What are the advantages and disadvantages to an employer and contractor in work being... -- 4.6. Could an architect, engineer or project manager be negligent for recommending to an employer... -- Chapter 5: Programme -- 5.1. Where a contractor submits a programme which is approved or accepted by the architect/engineer... -- 5.2. Is a subcontractor obliged to follow a main contractor's programme? -- 5.3. Who owns f loat time in the contractor's programme, the architect/engineer or the contractor? -- 5.4. What is the effect of making the programme a contract document? -- Chapter 6: Delays and Delay Analysis -- 6.1. If work is delayed due to two or more competing causes of delay, often referred to as concurrent... -- 6.2. Will a claim for an extension of time and the recovery of loss and expense which does not... -- 6.3. What is meant by a contractor or subcontractor having to 'use constantly his best endeavours... -- 6.4. What is meant by 'Time is of the Essence'? -- 6.5. Where delays to completion of the works have occurred and disputes arise as to the appropriate... -- Chapter 7: Extensions of Time -- 7.1. Does a contractor or subcontractor lose entitlements to extensions of time if he fails to... -- 7.2. What is the Prevention Principle - does it provide a contractor with assistance in avoiding... -- 7.3. Are minutes of site meetings considered by the courts to be adequate notices of delay... -- 7.4. Can an architect/engineer grant an extension of time after the date for completion has passed?.

7.5. If the architect/engineer issues a variation after the extended completion date but before practical... -- 7.6. When an architect/engineer is considering a contractor's application for an extension of time... -- 7.7. Where a contractor's progress is behind programme, will he be entitled to an extension of... -- 7.8. Some standard forms of contract, such as the JCT contracts, provide for extensions of time... -- Chapter 8: Liquidated/Delay Damages -- 8.1. What is the difference between liquidated damages and a penalty? -- 8.2. If the employer suffers no loss as a result of a contractor's delay to completion, is he still... -- 8.3. If a delay is caused by the employer for which there is no specific entitlement to an extension... -- 8.4. Are liquidated damages which are calculated using a formula or based upon a percentage... -- 8.5. If the architect or engineer fails to grant an extension of time within a timescale laid down... -- 8.6. If the contractor delays completion but no effective noncompletion certificate is issued by... -- 8.7. Can a subcontractor who f inishes late have passed down to him liquidated damages f ixed... -- 8.8. What is meant by 'time at large'? How does it affect the employer's entitlement to levy... -- 8.9. Can a contractor challenge the liquidated damages f igure included in a contract as being a... -- 8.10. If liquidated damages to be enforceable must be a reasonable pre-estimate of loss... -- 8.11. If liquidated damages become unenforceable and hence an entitlement... -- 8.12. Where a contract includes a single liquidated damages amount for failing to complete the... -- 8.13. Is it possible to include in a subcontract an all-embracing sum for liquidated and ascertained... -- 8.14. Are liquidated damages payable in respect of delays which occur after a contractor's...

8.15. What are the problems associated with applying liquidated damages where provision... -- 8.16. Do liquidated damages provide a complete remedy for delays to a contract? -- Chapter 9: Variations -- 9.1. Where a contractor/subcontractor submits a quotation for extra work which is accepted... -- 9.2. Can a contractor/subcontractor be forced to carry out a variation after practical completion? -- 9.3. Where work is omitted from the contract by way of a variation, can a contractor or subcontractor... -- 9.4. Where work is omitted from a contract and given to another contractor to carry out, is there a... -- 9.5. Where, due to a variation, a contractor has to cancel an order for the supply of material... -- 9.6. How are 'fair' rates defined? -- 9.7. When do quantum meruit claims arise and how should they be evaluated? -- 9.8. Can the issue of a variation to the work ever have the effect of creating a separate or replacement contract? -- Chapter 10: Loss and Expense/Additional Cost -- 10.1. Where a contractor/subcontractor is granted an extension of time, is there an automatic... -- 10.2. Where a contractor/subcontractor successfully levies a claim against an employer for... -- 10.3. Will a contractor or subcontractor substantially prejudice its case for additional... -- 10.4. When a contractor/subcontractor, with regard to a claim for loss and expense or... -- 10.5. With a programme shorter than the contract period, can the... -- 10.6. Where a contractor submits a programme which is accepted or approved, showing... -- 10.7. Is a contractor/subcontractor entitled to recover the cost of preparing a claim? -- 10.8. Will the courts enforce claims for head office overheads based upon the Hudson... -- 10.9. Where a delay to completion for late issue of information has been recognised...

10.10. Once it is established that additional payment is due for prolongation...