Construction Contract in UK Law
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Whitworth Street Estates (Manchester) Ltd v James Miller and Partners Ltd
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I must say that I had thought that it is now well settled that it is not legitimate to use as an aid in the construction of the contract anything which the parties said or did after it was made. Otherwise one might have the result that a contract meant one thing the day it was signed, but by reason of subsequent events meant something different a month or a year later.
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Antaios Compania Naviera S.A. v Salen Rederierna A.B.
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While deprecating the extension of the use of the expression "purposive construction" from the interpretation of statutes to the interpretation of private contracts, I agree with the passage I have cited from the arbitrators' award and I take this opportunity of re-stating that if detailed semantic and syntactical analysis of words in a commercial contract is going to lead to a conclusion that flouts business commonsense, it must be made to yield to business commonsense.
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Rainy Sky SA and Others v Kookmin Bank
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If there are two possible constructions, the court is entitled to prefer the construction which is consistent with business common sense and to reject the other.
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Davis Contractors Ltd v Fareham Urban District Council
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So perhaps it would be simpler to say at the outset that frustration occurs whenever the law recognises that without default of either party a contractual obligation has become incapable of being performed because the circumstances in which performance is called for would render it a thing radically different from that which was undertaken by the contract.
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Hillas & Company Ltd v Arcos Ltd
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Business men often record the most important agreements in crude and summary fashion: modes of expression sufficient and clear to them in the course of their business may appear to those unfamiliar with the business far from complete or precise. It is accordingly the duty of the Court to construe such documents fairly and broadly, without being too astute or subtle in finding defects, but, on the contrary, the Court should seek to apply the old maxim of English law,
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Trollope & Colls Ltd v North West Metropolitan Regional Hospital Board
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An unexpressed term can be implied if and only if the Court finds that the parties must have intended that term to form part of their contract: it is not enough for the Court to find that such a term would have been adopted by the parties as reasonable men if it had been suggested to them: it must have been a term that went without saying, a term necessary to give business efficacy to the contract, a term which, though tacit, formed part of the contract which the parties made for themselves.
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Wickman Machine Tool Sales Ltd v L. Schuler A.G.
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The fact that a particular construction leads to a very unreasonable result must be a relevant consideration. The more unreasonable the result the more unlikely it is that the parties can have intended it, and if they do intend it the more necessary it is that they shall make that intention abundantly clear.
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Scheme for Construction Contracts (England and Wales) Regulations 1998
... ... The Scheme for Construction Contracts The Scheme for Construction Contracts ... Where a construction contract does not comply with the ... 2. Where a construction contract does not comply with the requirements of section 108(1) to (4) of the Act, the ... ...
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Law Reform (Frustrated Contracts) Act 1943
... ... (1) Where a contract governed by English law has ... become impossible of performance or been ... any provision which, upon the true construction of the contract, ... is intended to have effect in the event of ... ...
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Housing Grants, Construction and Regeneration Act 1996
... ... Part II: Construction contracts ... Introductory provisions ... 104: Construction contracts ... (1) In this Part a “construction contract” means an agreement with a person for any of the following—(a) the carrying out of construction operations;(b) arranging for the carrying out of ... ...
- Contracts (Rights of Third Parties) Act 1999
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Construction contract administration in Malaysia using DFD: a conceptual model
Purpose: The purpose of this paper is to propose a conceptual model which is aimed at assisting end‐users, i.e. construction practitioners who are without a proper legal background for effective ad...
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Getting the mix right? The use of labour contract alternatives in UK construction
Purpose: The purpose of this paper is to examine the use of contingent labour in the construction and civil engineering sector in the UK. Design/methodology/approach: The paper presents the findin...
- Damages for Breach of Contract — Compensation and ‘Personal Preferences’: Ruxley Electronics and Construction Ltd v Forsyth
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Comment: Risk Allocation Norms of Civil Construction Contracts in Ethiopia
Risk is any uncertainty in an industry including the construction sector. Claims and disputes arise when risks occur in construction projects. This comment discusses risk allocation under Ethiopian...... ... The comment highlights the gaps in risk allocation norms under the standard format of construction contract that was issued by the Ethiopian Ministry of Work and Urban Development (MoWUD) in 1994. I argue that MoWUD’s principles of risk allocation should ... ...
- When Is A Construction Contract Not A Construction Contract?
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Guidance on future-proofing UK construction contract amendments published amid coronavirus (COVID-19)
The Construction Leadership Council (CLC) Task Force recently published guidance on future-proofing contract amendments. This builds on its May 2020 guidance COVID-19 Contractual Best Practice Guid...
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Construction Contract Payment Terms: Timing is Everything
In 2011 you will probably recall receiving a plethora of information about the amendments to the Construction Act (the “Act”) particularly the resulting “new” payment regime. There was a flurry of ...
- Construction Bites: Application Of The Scheme In A Construction Contract
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Order in the Queen's Bench Division for case and costs management directions in the multi-track (Part 29)
King's Bench forms for use in cases such as personal injury, negligence and breach of contract.... ... party ) do apply by ( date ) to a Judge of the Technology and Construction Court ( or other Specialist List ) for an order for transfer of the ... ...