Civil engineering claims
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Bibliographic Information
Civil engineering claims
Blackwell Scientific Publications, 1994
2nd ed
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Note
Includes index
Description and Table of Contents
Description
This book considers claims for both time and money, arising under the standard civil engineering forms. The new edition takes account of the ICE Conditions Sixth edition, as well as the Fifth, and the new ICE Design and Construct Form. Relevant case law has also been updated.
Table of Contents
- Part 1 Introduction:
- Definition of claim, Legal basis of claims
- Part 2 Claims and the Engineer:
- Engineer's role and functions in claims settlement, Engineer's liability to the contractor, Delegation of the engineer's powers, Engineer's decision under ICE Conditions, clause 66(3), The position under the Minor Works Conditions, Reference to arbitration - the engineer's role
- Part 3 Contractual Claims:
- The meaning of "cost", The basis of contractual claims, Documents mutually explanatory, Late issue of further drawings and instructions, Unforeseeable conditions and obstructions, Adverse physical conditions and artificial obstructions under Minor Works Conditions, Satisfaction of the engineer, Construction programme, Engineer's setting-out erros, Boreholes and exploratory excavation, Damage occasioned by excepted risks, Public Utilities Street Works Act 1950, Provision of facilities for other contractors, Disposal of fossils etc., Costs of samples and of tests, Cost of uncovering work, Suspension of work, Possession of site, Rate of progress, Outstanding work and defects, Contractor to search, Provisional and prime cost sums and nominated sub-contractors, Nominated sub-contractors - objections to nomination, Forfeiture of sub-contract, Payments to nominated sub-contractors, Interest on overdue payments
- Part 4 Variations:
- Duty/power of engineer to order variations, Evaluation of ordered variations, Notice of claims, Errors in bills of quantities, Method of measurement, Variations under the Minor Works Form
- Part 5 Delays and Extensions of Time:
- Introduction, Liquidated damages or penalty?, Liquidated damges - the contract provisions, Extensions of time, The contract provisions
- Part 6 Common Law Claims:
- Introduction, Claims for breach of implied terms, Other common law claims, Failure to issue certificates
- Part 7 Procedure and Evidence:
- Introduction, The ICE Conditions - notice of claims, The Minor Works Conditions - clause 6, Evidence
- Part 8 Preparation and Negotiation of Claims:
- Introduction - the basic requirements, Recording the facts - history of events, notices, Recording cost information, Compliance with and confirmation of engineer's instructions, Identification of justification for a claim, Evaluation and submission of claims, The global approach and its limitations, Negotiating settlements, Example of claims submission under ICE Fifth Edition, Example of claims submission under ICE Sixth Edition
- Part 9 The ICE Design and Construct Contract:
- Introduction, Claims and the employer's representative, Contractual claims, Variations, Delays and extensions of time
- Table of cases:
- Table of contract clauses:
- Index
by "Nielsen BookData"
