Civil Engineering Contractors Association (National)’s Post

We have investigated and pursued numerous third-party claims on construction and industrial worksites. We understand the relationships between contractors on sites. https://buff.ly/3WnUZ7I #ConstructionAccident #IndustrialAccident #Representation

Unfair Sub-Contract term of the week to be wary of and to reject: IMPOSITION OF NEW WORKING ARRANGEMENTS AT THE SUBCONTRACTOR’S COST “The Contractor may issue such instructions as he considers necessary to co-ordinate the performance of the Sub-Contract Works with the work of others, including but without limitation, alteration of the methodology, access, sequence and timing of the Sub-Contract Works and the Subcontractor shall forthwith comply with such instructions at its own cost” • This clause goes well beyond the reasonable co-ordination with other trades which is to be expected. The objectionable element of this clause is the ability of the Contractor to change the working arrangements relating to method and access, and to impose new sequence/timing requirements. All of this is likely to result in the Subcontractor suffering uneconomic working and ultimately losses. • The imposition of any such additional constraints as to how the Sub-Contract Works are to be performed must always amount to an event for which the Sub-Contractor has the ability to claim additional payment (and time). This could be achieved by changing the words “at its own cost” at the end of the clause to “which shall constitute a Variation”. #subcontractors #paymentdisputes #construction #unfairterms

📃 A New Year, New Construction Contract Templates: DZ 3916 and DZ 3917 📃 🔍 What are 3916 and 3917? - Under NZS 3916 the Contractor is responsible for both the design and construction of the works - NZS 3917 is a fixed term contract (often used for fixed term maintenance contracts). 🗓️ Consultation Period: The Standards NZ drafting committee is inviting submissions on DZ 3916 and DZ 3917 until 17 February 2025. 💡 We outline the key changes & how to make submissions in our article: https://lnkd.in/g8THwGhn

No-damages-for-delay clauses can be controversial, and at least one state—Virginia—has enacted a statute limiting the use of no-damages-for-delay clauses on public construction projects. Regardless, many courts will enforce a no-damages-for-delay clause. But there can be exceptions to the enforcement of such clauses. One of the most litigated exceptions to the enforcement of a no-damages-for-delay clause is the active-interference exception. In construction contracts, there is an implied promise not to hinder the other party’s ability to perform its contractual obligations. If a party seeking to enforce a no-damages-for-delay clause interferes with the other party's ability to perform its obligations under the contract, it is possible a court will refuse to enforce the clause. A federal court recently considered the active-interference exception in a dispute arising between a contractor and its subcontractor. The court concluded that a no-damages-for-delay clause in the subcontract did not bar the subcontractor's claim for delay damages because the contractor actively interfered with the subcontractor's ability to timely complete its work. For more on this case, check out my latest post. The link is in the comments. #construction #contractor #constructionlaw #delaydamages #constructiondamages

In construction Contracts, generally the Cost does not include profit. And the profit may be agreed b/w the Parties in the Contract (if not, then it will be 5% (Reference to FIDIC Red Book 2017 in the Definitions Sub-Clause 1.1.20)

As summer unfolds, we’re excited to present a comprehensive professional article on our expertise: construction law. Our colleagues Mona Soltan, Alexandra Dan and Mihai Baesu have authored a scientific paper for JURIDICE.ro, delving into the Engineer's Determination, Supervisor's Decision, and Notice of Rejection in road infrastructure contracts governed by H.G. No. 1.405/2010 and H.G. No. 1/2018. This paper explores their legal nature and procedural implications in detail. #ConstructionLaw #ConstructionExpertise #Infrastructure

Ready to go again with Construction Industry Federation (CIF) on the payment process under the Construction Contracts Act 2013. We are 8 years post act commencement and the number of contractors that are unaware of the legislation appears as big as ever. #knowledgeispower #quantitysurveyor #quantitysurveying

Australia 🍇 "...higher penalties [now] apply to developers and head contractors in the building industry that use unfair contract terms in their standard form contracts with suppliers and subcontractors." #australia #unfair #subcontract #terms #construction #engineering #supplier #law #business #management #future

ARE JCT CONTRACTS PUTTING YOUR BUSINESS AT RISK When faced with a substantial JCT, NEC or similar Construction Contract do you:- Wary of the very mention of JCT walk away from the potential opportunity. Sign and enter into these “one-side” forms of contract ignorant or unaware of the risk involved or simply hope you can avoid dispute or confrontation with the Main Contractor. Act responsibly seek costly legal advice and guidance only to receive a legal response to a legal document and still be no clearer If this applies to you here at FRESH JCT our experienced team who have over 30 years of providing specialist Mechanical and Electrical Equipment to the Construction Industry are here to help and provide practical and affordable support for subcontractors and specialist companies to reduce or remove the risks or operating under modified JCT, NEC and Construction Contracts.  Our aim is to make these contracts work as they were originally intended as a fair and equitable contract between two equal parties giving you the peace of mind, reassurance and confidence to capitalise on the enormous opportunities that exist within the UK Construction Industry. We can also help with:- Drafting a bespoke set of Terms & Conditions for your business Construct Contract Management Dispute Resolution Contact the FRESH JCT Team on – info@freshjct.co.uk to see how we can give you the peace of mind to confidently work under a JCT, NEC or Construction Contract. Regards Fresh JCT Mob: 07425 135942 www.freshjct.co.uk

Continuing our series on Liquidated Damages in construction, this post delves into how they are defined under FIDIC contracts. Essential reading for those managing construction projects and contracts.