By Michael O'Reilly
This booklet offers an excellent historical past on a variety of central civil engineering contracts together with the ICE sixth, the NEC2, the Arbitration and Conciliation Acts and the Housing gives you, development and Regeneration Act 1998. additionally it is observation at the ICE seventh and overseas contracts. The publication offers a concise creation to agreement legislations and discusses quite a few ordinary varieties of agreement utilized in civil engineering tasks to supply an research of many of the agreement thoughts
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Extra resources for Civil Engineering Construction Contracts
It is dangerous to assume that because amendments are highlighted or indicated in different type that these are the only parts that need to be checked. Amendments may have been made to other parts and no indication made that this has happened. A ®nal recheck should also be carried out before signature. 13 Appointments signed towards the end of an assignment A check is particularly important where an appointment is not being signed until near, or even after, the completion of the services. Leaving aside the question of whether the professional might be better off without the appointment (if the appointment contains terms that are particularly onerous to the professional, it may be better if it is never agreed and signed), it is essential that the appointment accurately records what has been done.
They are also bound by duties of con®dentiality and the professional must be able to seek advice from them without having to seek the client's consent to the release of information. The obligation concerning con®dentiality may be coupled with an obligation to return all the client's documents on completion or termination. The professional, however, will need the right to retain copies both for the purpose of keeping records and against the possibility of future claims. 9 Key personnel Proposals for professional services agreements often require details to be provided of the particular individuals who will be involved, on the understanding that those individuals would be made available if the proposal is accepted.
This should only be agreed to where it can de®nitely be met, as a failure to comply can lead to a client (possibly a contractor) incurring losses which are claimable from the professional. ) of either the client itself or third parties which may not be under the direct control of the professional. Where the professional has direct control of a third party, for example a sub-consultant, it will be responsible to the client for any default and delays caused by that third party. It may be possible to pass on claims from the client to the third party, particularly if there is a proper appointment in place.