Abstract This case study aims to provide advice concerning the contractual issues around the JCT IBC 2005 contract. The author creates a scenario where a university is the client who has requested some advice and further clarification concerning the contractual difficulties that have been encountered. The paper relates the background of the situation - the client had deferred possession of the site to the contractor under the terms and conditions as set out the JCT IBC (2005) contract which resulted in the contractor's request to claim for direct loss and expense. The author addresses the issues of direct loss and expense, and adjustment of the completion date as related to the terms stipulated in the JCT IBC 2005 contract. The author explains the roles of parties that might be involved in such a scenario such as architects and sub-contractors. The paper also includes recommendations for better practices for future projects for the client.
Contents:
Introduction
Current Situation
Claims for Direct Loss and expense
Claims for Extension of Time and LADs
Role of the Architect
Procurement Considerations and Implications of Sub Contractors
Conclusion
Bibliography
References
From the Paper "This report has been produced to provide practical advice to the University (herein 'the Client') on the contractual issues around the JCT IBC 2005 contract. The client proposes to refurbish a Police Authority Building opposite the main campus. The contractor was appointed under a Traditional building contract using the terms and conditions as set out the aforementioned standard form of contract, and has just started on site. The client has already experienced some difficulties and has requested some advice and further clarification concerning the contractual difficulties that have been encountered."
Abstract Federal contracts for construction, while similar in many respects to other types of federal contracts, have some unique aspects that have caused the federal government to create a system of rules within the Federal Acquisition Regulation (FAR) specific to construction contracts. The federal government has been justified in creating these rules separate from those that apply specifically to supply and service contracts. This paper focuses on some of the unique rules and regulations that apply to federal construction contracts, including those related to contract types, labor laws, specifications, payments, delays, and differing site conditions.
Abstract
Overview
Contract Types
Federal Construction Contracting Laws
Contract Performance and Specifications
Payment Financing
Delays
Differing Site Conditions
References
From the Paper "The federal government is the largest owner of real property in the world (Bastianelli, et. al., 1998), so it stands to reason that they spend an enormous amount of money on construction and maintenance of that property. It is difficult to gauge exactly how much the federal government spends on construction annually, but it is noteworthy that the Department of Defense alone planned to award over $10 billion on construction contracts in 2002 (Bush, 2001). Because of this significant amount of construction outsourcing, and the intricacies that go along with construction contracting, the federal government has been justified in developing unique regulations and rules for construction contracts. The federal government, in the Federal Acquisition Regulation (FAR), defines construction as, ?"construction, alteration, or repair (including dredging, excavating, and painting) of buildings, structures, or other real property"? (FAR 2.101). Determining whether or not something is considered a building or a structure is general straightforward, although there are always exceptions. However, the line defining whether or not something is real property can, at times, be somewhat unclear. The FAR does not provide a definition for real property, but in federal contracts the common legal definition is used, that real property is, ?"land and all things that are attached to it"? (Lectric Law Library, 2003). Though many of the clauses, terms and conditions, and rules applicable to federal construction contracts are the same, or similar, to those that are used on federal contracts for supplies, there are a number of differences in the nature of contracting for construction that have caused the federal government to create separate laws that deal specifically with federal construction contracts. One of the major differences is that construction contracts are performed on Government property. Because of this, construction contractors are subject to a great deal more in the area of inspections and general surveillance on their contracts (Abernathy and Kelleher, 1976). Construction contracts typically have much more paperwork than federal supply contracts. On construction contracts, a contractor is required to file daily reports showing that they complied with all the unique construction regulations, including safety, schedules, and submittals of material samples (Arnavas, 2001, ?? 27.4.a.). Construction contracts are subject to much greater scrutiny on performance than supply contracts, as detailed analysis and explanation of any deficiencies are reported to contractors and contractors have the right to respond. Past performance information is also kept on construction contracts for six years, where the norm on supply contracts is three years (Arnavas, 2001, ?? 27.4.a). Other differences that will be the focus of this paper include contract types, labor laws, specifications, payments, delays, and differing site conditions."
Abstract The regulation of building construction can be traced back 4,000 years to cultures such as the Chinese, Greek, and Roman empires. Building regulations arose from the attempts of our ancestors to establish ways to control or avoid devastation from building fires and construction failures. Today, there are a number of specific parameters that affect the cost of buildings, including government building codes, which are enacted to protect public health and safety; these can take the form of both prescriptive and performance requirements, as well as industry demands that may not be reflected in actual building codes themselves, which consist of such desirable factors as climate control, elevators, and other aesthetics. Based on the efficiencies provided by standardized codes, the trend toward adoption of such codes nationally and internationally would seem to be a prudent choice for builders and municipalities. This study examines what the three code-making bodies within the United States were doing, are doing, and how they are now working together to produce a common building code for the United States to improve the safety, aesthetics, and functionality of the building conditions required for the entire country. The hypothesis of this paper is that, as a result of this leadership and innovation in the United States, improvements in building codes will extend to the developing countries of the world.
From the Paper "Gene Fessenbecker, author of Building Codes and the Construction Contractor, says that, "The regulation of building construction can be traced back 4,000 years to cultures such as the Chinese, Greek and Roman empires. Building regulations arose from the attempts of our ancestors to establish ways to control or avoid devastation from building fires and construction failures. George Washington and Thomas Jefferson tried to establish some of the earliest design and construction regulations in America for the purpose of protecting public health and safety" (Fessenbecker 1). Today, there are a number of specific parameters that affect the cost of buildings including government building codes, a which are enacted to protect public health and safety; these can take the form of both prescriptive and performance requirements, as well as industry demands which may not be reflected in actual building codes themselves which consist of such desirable factors as climate control, elevators and other aesthetics. This study is intended to examine what the three code-making bodies within the United States were doing, are doing and how they are now working together to produce a common Building Code for the United States to improve the safety, aesthetics, and functionability of the building conditions required for the entire country. The hypothesis of this paper will be that as a result of this leadership and innovation in the United States, improvements in building codes will extend to the developing countries of the world."
Tags: construction, contract, engineering, fighting, fire, ibc, law, permit, property, single, trades, ubc, union
Abstract This paper attempts to explore the capacity of minors in the United States to form contracts, to break contracts and their legal liabilities for doing so. The paper touches on issues including the rights of other parties to such a contract and the concept of emancipation of minors. The paper defines minors and age of majority and also presents a historical context.
From the Paper "The law of contracts is concerned with the rules governing legal agreements. Contractual capacity is the minimum competence required by law for a party who enters into a contract to be bound by it. Certain persons are not considered to have sufficient capacity to be bound to or by contracts they may sign. A minor is normally deemed not to have such capacity. A minor is a person who does not have the legal rights of an adult."
Abstract The paper explains how contracts serve as private agreements that have the purpose of ensuring that promises between two parties are carried out. Individuals enter into legal contracts willingly as a means of protecting their interests in whatever ventures the contract relates to. Furthermore, the paper explains that when contracts are signed, the parties traditionally believe that the agreement, if broken, will be enforced through the judicial system.
Abstract This paper examines the "The Social Contract" by Jean-Jacques Rousseau which argues that we are all born free and equal, yet do not live either freely or equally. It discusses the argument that the construction of the General Will is the means by which people can achieve freedom. The General Will is the social contract where all members of society agree to obey the General Will to be part of society. Rousseau argues that by this General Will, the separate wills of each member of society converge into one and that freedom is achieved because every citizen is equal, each being a single unit of the General Will and having the same amount of influence over it. It considers the implications of the General Will and the social contract and how Rousseau's version of freedom and equality may never be truly attained, however this may be a reality of a society, rather than a downfall in the theory.
From the Paper "Rousseau differentiates between two types of freedom, personal freedom and social freedom. Personal freedom is an individual's own selfish choices, where an individual will carry out only those actions that are of benefit to them. Social freedom is the freedom achieved when an individual carries out those actions that the General Will requires. Rousseau argues that social freedom must be achieved at the expense of personal freedom. This is the cost of being part of a society. Thus while an individual is born free, their freedom in society cannot exist until they give up their personal freedom. Giving up their personal freedom for social freedom, means all individuals act in accordance with what is best for society as a whole, not their own needs and wants. It is true in this, that individuals do give up freedom."
Tags: general, will, social, contract, individual, freedom, society
Abstract This paper discusses the differences between tort law and contract law, and how they impact on the individual and/or organization. According to this paper, taking legal action based on tort law and contract law, is not simple. One has to taken the issues involved into very careful consideration. This paper reviews the issues and the necessary steps to be taken.
From the Paper "Tort law and contract law specifically impact individuals or organizations that believe that they have encountered others who have negatively impacted them in an intentional manner. Yet, the determination of finding legal recourse through tort law or contract law requires specific attention to the actions that have occurred, as well as whether or not those actions may encompass both areas of law in relation to the individual. Contract law is, by definition, an agreement between two parties in which both are willing to enter into a binding mutual exchange where both entities benefit. The contract states what the parties are willing to exchange and generally provides all of the stipulations of that agreement in documented or verbal form (Rowley). The documentation or verbal agreement allows the parties to have proof of their intentions, and should those intentions not be met either party has a legal recourse through lawsuit as necessary."
Abstract This paper is an answer to a legal hypothetical presented whereby Marshall would be obligated to Fletcher for the rent money he agreed to pay when he entered into a contract at the age of 17, but took steps after he reached the age of 18 to ratify the contract.
From the Paper "In the present case, Marshall entered into the contract to lease an apartment and pay one half of the rent with Fletcher paying the other half. "A contract is a legally binding agreement enforceable in a court of law"(Bennett, p. 1). For a contract to be valid it must meet certain requirements. The basic requirements are that there is a meeting of the minds, acceptance, and consideration. These three are present in this case. There is no suggestion in the hypothetical that Marshall did not know what the lease entailed, the length of time of the lease, or what portion of the lease he would be responsible for. "
Abstract This paper explores e-commerce and the legality of such translations that are increasing so rapidly. The paper examines the formation of electronics contract and discusses the position it holds in law. Case studies are included in the paper.
From the Paper "Amazon.co.uk is a web site company that sells books, DVDs, CD's, software and video games. In their terms and conditions, it says: Acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time Amazon.co.uk sends the e-mail to you (whether or not you receive that e-mail)?? As in the postal rule ? whether or not acceptance is received, it will be deemed to be an effective contract."
Abstract In this article, the writer discusses that despite their time-tested and proven positive points, a number of false perceptions continue to challenge truths regarding the timber-framed building. The writer purports that repeated strokes of correct information can figuratively fell or cut down even the most dense deceptions depicting the worth of timber-framed buildings. During the course of this study, this researcher counters false perceptions and confirms the correct conception that timber does not easily rot, decay and deteriorate. In fact, the writer concludes that even after extended periods of time, the durability and superior quality of timber when used as a building material can be repeatedly validated. The paper includes color figures.
Outline:
Chapter 1
Introduction
Correcting False Perceptions
Origin, Defects and Properties of Timber
Defects in Timber
Properties of Timber
Strength
Thermal Insulation
Thermal Movement
Density
Chemical Resistance
Fire Resistance and the Behavior of Timber in Fires
Chapter II
Embodied Energy Explained
Examples of Timber-Framed Buildings Built in The Past
Chapter III
Conclusion
Challenging Contentions Confirm
From the Paper "To better understand some of the general misconceptions about timber, this researcher presents an in-depth look at the origin and properties of timber, along with possible defects likely to reduce strength and stability in timber. Timber evolves from wood, a natural product derived from trees, and in some instances, from fibrous plants. As forests cover more than one-third of the world's land surface and approximately 8% of Britain, it is readily available.
"Consequently, timber proves to be a popular building material. When wood is cut and in many instances, pressed, it becomes lumber and timber which form boards, planks and numerous other products. These products, in turn, become generic building materials which may be used for almost any type of structure in the majority of world climates and environmental situations. "
Abstract This paper discusses the home building industry, including a brief history of this industry, an industry overview, and a SWOTT (Strengths, Weaknesses, Opportunities, Threats, and Trends) analysis of the industry. It also addresses the impact of real Gross Domestic Product (GDP), the unemployment rate, and the inflation rate as measured by the consumer price index (CPI). The paper details three economic indicators.
Home Building History
Home Building Overview
Strengths and Weaknesses
Unemployment Rate
Gross Domestic Product
Recommendations
Housing Starts
Personal Income
Recommendations
Interest Rates
Inflation
Interest Rates versus Inflation
Recommendations
Conclusion
From the Paper "The home building industry has been around for many years. The design, shape, and style of homes have changed over time. The industry is quite different than it was many years ago. When people first began to build they did not layout and draw plans and specs for their home. The first homes were built with one or two rooms in the entire house. Today, they average home has over 6 rooms, When home building first started there was no set rules and regulations that builders had to follow, now we have organizations such as the Occupational Safety and Health Administration who helps set construction regulations for the home building industry. We also have NAHB (National Association Home Builders), which was started in 1942. The NAHB works with the state and local agencies to help establish government and legislature for home builders as well as establish affordable housing for everyone."
Abstract This paper discusses green building construction and points out that this design saves energy as well as money. The paper explains that green building construction is vital and is a determinative of project success. The paper also explains that the individual needs to take the initiative in addressing construction design and development and associated costs as well as funding, marketing and sales. In addition, the paper tells us that green building construction holds great financial promise for the future. A graph of taxes by state is included with the paper.
Outline:
Objective
Introduction
Significance of study
Methodology
Literature Review
Findings and Conclusion
From the Paper "The work of Andrew Meyerson (2005) entitled: "The Dollars and Cents of Green Construction" states that green construction and design can not only save energy but also can result in monetary savings in the areas of: (1) Tax breaks and rebates; (2) Lower construction costs; (3) Reduction or elimination of the need for heating and air-conditioning equipment and the associated costs of purchase, maintenance and electricity; (4) Reduction in energy and water bills by as much as fifty-percent; (5) Increase in labor productivity, retail customer sales and apartment rental prices; and (6) Protection of operating budgets from increases in energy prices. (Meyerson, 2005, p. 2) Meyerson relates that practically all states offer incentives in the form of reduction of taxes for construction that is friendly to the environment. (2005, p. 4) Additionally in green construction projects where a pre-existing structure is on the construction site, cost savings may be realized through reuse of as much of the existing structure as possible. Additionally, is it necessary to be aware of the attitudes that serve as drivers of the choice of clients to use the firm and added to this is the fact "that commercial 'green buildings' outperform their conventional counterparts across a wide variety of metrics, including energy savings, occupancy rates, sale price and rental rates, another very practical and often times overlooked data for improving the cash flow of the client is the "energy efficient commercial building tax deductions.""
Tags: green, building, construction, funding, marketing, save, money, energy
Abstract In this paper, the writer considers the history, benefits and efficiencies of smart buildings. The writer makes use of the animated television series 'The Jetsons' in order to discuss this subject.
From the Paper " In the animated television series 'The Jetsons' the working class father arrives home to be whisked up his high-rise apartment building by an elevator that delivers him to a chair attached to a moving belt, the wife prepares dinner in a kitchen that requires little more than her saying or punching in the desired dish and monitors throughout the city allow the family to keep in touch with one another through video phones. Fiction has long held out the promise of so-called smart ... "
Abstract This paper notes that security for high rise buildings differs from corporate security in several ways, often to the detriment of tenants of the high rise building. The paper discusses how even with an increasing concern about crime, many landlords simply do not provide the kind of security that tenants may want and that they may indeed believe they have. Landlords often sell their facilities on the basis of security, assuring prospective tenants that they are using the latest in security methods.
