Construction Contract Administration and Law Essay

Construction Contract Administration and Law - Essay Example If time is made as an essence of contract, and if the contractor fails to complete the word within the timeframe stipulated in the contract, that itself is a breach of the terms of contract and is actionable. In JCT contract time is considered as a major component. (http://www.nottinghamcity.gov.uk/qbs_code_of_practice_26.10.04.doc) The University, if it finds that the present contractor will not be able to fulfill his part of agreement as agreed within time can appoint another contractor after notice as to termination of contract and can seek legal proceedings for damages. The reliance on bad weather for non-completion of work within time is unsustainable and against law. Bad or Good weather conditions shall not and will not be a ground or excuse for going back from the terms of agreements or for seeking extension of time. If the situation complained is something, which a normal human person would expect to exist at the given time, the same cannot even be heard for a moment. Of course the contact and its clauses and its fulfillment can be affected due to acts of viz. major but weather condition cannot at any rate be considered as an input for extending time. The university is not at all bound to adhere to such a request as it is ill founded and unsustainable. As it transpires the subst... Bad or Good weather conditions shall not and will not be a ground or excuse for going back from the terms of agreements or for seeking extension of time. If the situation complained is something, which a normal human person would expect to exist at the given time, the same cannot even be heard for a moment. Of course the contact and its clauses and its fulfillment can be affected due to acts of viz. major but weather condition cannot at any rate be considered as an input for extending time. The university is not at all bound to adhere to such a request as it is ill founded and unsustainable. (Kim Franklin, Delay Claims, "Remember that Time is Money" http://www.crownofficechambers.com/downloads/114.pdf) As it transpires the substructure has just completed, and as per the agreement the it is high time to step into a later part of the construction. The same itself is a shortcoming from the part of contractor. He cannot seek the help of any ground problem so as to wriggle out from the liability and to say that it is a fit case for extension of time. Law does not permit to entertain such a feeble claim to be entertained, and deserves to be nipped down at the very instance of advancement of such an argument. (http://www.jctltd.co.uk/stylesheet.aspfile=20112006105255) The drawings of superstructure etc are an area over which the University is having no say at all. It is the bounden duty of the Contractor to see that he is armed with all the requisites to function smoothly. The University is only duty bound to disburse amounts as and when the agreement demands. The Contractor cannot escape from liability by resorting to such a lame excuse. It can also never be a good ground for