In this essay on contract law, a construction case scenario would be discussed in the light of relevant JCT Provisions, construction laws in United Kingdom and their major provisions. The elements of breach of contract and the role of the both parties; primarily the employee would be discussed. The legal issues and the implications between the employer and the employee in the construction project would be highlighted.
Facts of the Dispute
The major facts of the case could be summarized as follows:
The employer argues that the employee is not entitled to payment because he/she has caused delay to the completion date.
The employee argues that the employer caused delay first so he/she is entitled to payment.
The employee requests payment from his employer during the tenure of his employment.
Delays in construction projects lead to a number of legal consequences for all the parties involved; primarily the sub-contractor and the contractor of the construction project. Delays can also lead to irritation and disruption in the construction project. In the given case, the contractors made it clear that the project will be completed on time, but somehow the project could not be completed in the given time frame.
Completion of the construction project is regarded as one of the prime responsibilities of the construction team including the contractor and the sub-contractor. The occurrence of unexpected events leads to delays in the completion of projects. It's not all terrible news on the other hand for contractor as nearly all of the normal forms of the contract give grounds that defence the contractor who over and over again failed to complete the project on time moreover allow extension of time. This gives a way to escape from the most important financial legal responsibility in the shape of liquidated compensation that more often than not runs from a delay that is not excusable to completion of project (Ramus et. al, 2006, pp. 13). The major parties involved in the case include: Employer, Contractor, Sub-contractor.
Type of Contract
A construction contract is a contract between a customer (buyer), the owner and a contractor (contractor) for the provision of construction services. This may be the development of a finished construction, individual parts, alterations, and renovations or be individual services (bricklaying, painting, installation, heating systems) (Murdoch, 2007).
The construction contract is a legal agreement where two parties are tied on the details and the cost of a construction project, be it residential, commercial or industrial, as well as bridges, roads, and generally any type of construction that involves lifting or make a monument or building, as well as inherent and ancillary works such as power grids and data, sewer, water, etc. (Moskin, 2005).
The signed document includes all people involved in the project, their function, structure and presentation of the progress reports of the work. This document is especially important in a large project, as it ensures that all parties agree to the change authorization, payment and various ...