By Michael Furmston
This good confirmed reference publication brings jointly best situations on development contracts to demonstrate criminal rules. It presents an announcement of the main confirmed, a precis of the proof and the choice and, for many circumstances, a verbatim extract of the judgment. the newest version encompasses a variety of new circumstances because the final variation was once released in 1999.
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Extra resources for Powell-Smith and Furmston's Building Contract Casebook
Sample text
The Institutions of Civil Engineers, Mechanical Engineers, Heating and Ventilating Engineers, Electrical Engineers or Structural Engineers. 2 Unless the parties otherwise agree, such reference shall not take place until after the completion, alleged completion or abandonment of the Works or the determination of the Sub-Contract . . 4 If the dispute, difference or question between the Contractor and the SubContractor is substantially the same as or connected with a matter or thing which has, under the Main Contract, already been referred to an Arbitrator, the Contractor and Sub-Contractor may, with the consent of the Authority, refer that dispute, difference or question to that Arbitrator.
The purchase order referred to the respondents’ ‘General Conditions of Contract 24001 obtainable on request’. It thus clearly indicated the manner in which the terms of these conditions could be ascertained, and that was sufficient in law, unconditional acceptance having followed, for their incorporation into the contract. A question however arises as to what in the circumstances is the meaning to be attributed to ‘General Conditions of Contract 24001, obtainable on request’, it having emerged that the original terms of these conditions were revised by the respondents in January 1969 and again in March 1970.
However, Mowlem’s counter-offer had in turn been killed by Chichester’s acknowledgment of 30 April 1985 which had been a counter-offer accepted by Mowlem by conduct, namely by accepting the joinery later delivered to site by Chichester. JUDGE JAMES FOX-ANDREWS, QC: On 14 March 1985 Mowlem sent two documents in identical terms, save that at the bottom of the fronting page of the first appeared the word ‘Original’, and on the second the words ‘Acceptance (Return to John Mowlem)’. The forms bore the words: ‘Please supply the Materials/Equipments/Goods set out below.