LAW LEGAL ISSUE

Law Legal Issue



1.Your client asks you to start work immediately. What documents do you need to put in place?

NEC has been designed keeping the perspective of flexibility and ease in mind. JCT and NEC almost have the same procedure and requirement of the documents initially. The need for agreement between client needs and the contractor's proposal often produce a series of pre-contract negotiations with its documentation. This will lead to revisions and improvements to the documents as each is adjusted until the same thing. Consistency is vital, since the precise identification of the contract documents, serious misunderstandings can be avoided. The next step involves planning pre-contract for both projects. The pre-contract meeting and arrangements to begin work, ordering of subcontractors and suppliers, planning, site design, the construction method statement, teacher preparation program, the preparation of national requirement, the preparation contract budgets, preparation and approval of the construction of health and safety plan. However, these procedures depend on company policy and the need to establish standard routines which can be followed for each new contract. A more formal arrangement before the work is a series of pre-engagement meetings to be called by the client's representative to coordinate the start of construction on site. It is very important to establish lines of communication between the client and the contractors are clear and transparent to avoid confusion and disagreement. Must deal with organizational details and contractual dates for progress and compliance assessment, arrangements for security management

In the first document it meets all the conditions of the project from the need for bonds and guarantees to the payment and withholding, through the definitions of each person involved in the work and many others. The other documents holds the detail of the materials and procedures for each phase of construction, with an explanation of applicable published standards, testing requirements and submission of materials for approval, reports and samples, storage products and the material itself ; procedures for carrying out the work and the tolerances allowed.

2.Your client tells you that the site has outline planning permission only, and with some conditions. One of these is that the development needs some highways works to join the site to the main carriageway, also a pedestrian tunnel under the busy road. What do you need to consider? What would you advise your client to consider?

The NEC Contract had to follow with the few legal obligations such as, with respect to the New Roads and Street works Act 1991,

Employer obtains licenses

Contractor gives commencement notice to authority

Contractor not to interfere with traffic, convenience of the public and access to roads footpaths etc.

According to Highways Act 1980,

Contractor to use reasonable means to avoid damage

In any case, the area bounded lot of relevance, with the creation of a single access road from the site to be open for public transit, or to make highways joined with the site, specific order by the Auditors' need to be taken into account. Otherwise, it would be considered ...