Civil Engineering Construction Contracts by Michael O'Reilly

By Michael O'Reilly

This paintings offers counsel on all facets of the main accepted development contracts for all these concerned with specifying contracts, no matter if in drafting, management, claims or dispute answer. themes comprise elements of development contracts, and the tendering method.

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The courts will, however, never incorporate an implied term where it contradicts a term which has been expressly included in the contract. It will also be hard for a party to argue for the inclusion of an implied term where the contract appears to have been carefully and comprehensively drafted. Terms may also be implied into contracts based on custom or trade practice, where both parties are familiar with the relevant trade. In order for such terms to be incorporated, the trade practice must be widely known and both certain and reasonable, and it must be a wellestablished custom in the particular trade.

At common law the remedy for innocent misrepresentation is rescission of the contract (that is, where the contract is treated as being at an end) with no damages being awarded. However, under Section 2(2) of the Act the court has power to award damages in lieu of rescission. Misrepresentation is also discussed in chapter 11, which deals with statements, certi®cates and reports. 9 Quantum meruit As stated earlier, it may often be necessary for work to start on a contract before the details of how a party is to be paid for its services under the contract have been ®nally determined.

The Project Manager shall not without the approval of the Client, such approval not to be unreasonably withheld or delayed, release to any magazine, newspaper, radio or television programme any con®dential information regarding the Project. The provisions in non-standard professional services agreements can be much more lengthy and onerous. The main questions for the professional will be whether the provisions are practicable and whether they require the professional to ensure compliance by third parties not under their control (for example sub-consultants) and whether they put unreasonable restrictions on the professional's personnel and working procedures.

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