Making specific reference to the JCT Standard Building Contract with Quantities 2016, analyse in detail the practical action, and the procedural steps, that Pig’s Ear ought to be taking in connection with the discrepancies and divergences noted in the contract documentation. Also analyse the legal and contractual position attending Artless’s apparent failure to appoint an architect or professional contract administrator.
[WEIGHTING: 25% OF SECTION A LEGAL PROBLEM AND 12½% OVERALL]
What action, if any, should Pig’s Ear be taking under the JCT Standard Building Contract with Quantities 2016 to warn Artless about – and ensure that Artless takes action to address – the
First Diet Coursework Assignment 2017-2018 inadequate and potentially dangerous roof trusses specified in the designs provided by Artless? (You should give some consideration to the common law duty upon a contractor to warn an employer of defects in a design provided by the employer as a point of reference for discussing the issues to which defective and/or
inadequate and/or dangerous designs generally give rise in a question between a contractor and an employer.)
[WEIGHTING: 50% OF SECTION A LEGAL PROBLEM AND 25% OVERALL]
Making specific reference to the JCT Standard Building Contract with Quantities 2016, analyse in detail the practical action, and the procedural steps, that are competent to Artless to take in relation to Pig’s Ear during the Rectification Period to put right the disabled ramp and fire escape that Pig’s Ear has failed to install in conformity with the contract documentation.
Critically evaluate the contractual position regarding variations of works in the JCT Standard Building Contract with Quantities 2016 edition, touching (among other things) upon how such variations impact on the employer’s payment obligation and on provisions of the contract allowing for extensions of time. Comment on how effective these contractual mechanisms are in practical terms. (For instance, you may choose either to make suggestions as to how these mechanisms might be improved upon – such as by drawing relevant comparisons with other types of standard form contracts (e.g. ICE, FIDIC etc.) – or show how the mechanisms as they currently stand are as effective as they possibly can be.)