JCT CONTRACTS

TORT: Trespass/nuisance Cornick-v- le Gac 2003 JLR and Procurement JCT Contracts

[Name of Supervisor]

TORT: Trespass/nuisance Cornick-v- le Gac 2003 JLR and Procurement JCT Contracts

Introduction

Design and Build contract is made on the basis of contractor's responsibility for taking the commission of both design and construction project on an mutually agreed lump-sum price. The projects of design and build can differ according to the level of the contractor's design responsibility and on the amount of initial design that is involved in the employer's needs. However, if the extent of input from the contractor and design responsibility is focused, then it will be observed that it is much higher on design and build projects as compare to a traditional contract that depends on a contractor's designed portion (Bedell and Cristin ,2003).

Discussion

Answer No.1

There is various ways available for the contractor to work on his design. They ar even allowed to appoint the consultants on their own choices or to work with the in-house team. For contractors, it is considered to be very common to work with the employer's consultant in order to accomplish the project of detailed design under the novation agreement (Rick Leighton, 2010.p.145-168).

Following are the procedures that are addressed under this contract:

This is mostly used with the projects where detailed provisions are required but it can also be used on smaller on larger projects.

It is the responsibility of the contractor to accomplish the project of designing and employer is responsible for providing detailed documents to fulfill the requirements of the project.

a lump sum with interim stage or periodic payments is mainly considered as the basis of the contract's payment and the price structure

For collaborative working provisions are also involved. These also help in advanced payment, sustainability, collateral warranties, bonds and third party rights.

In order to be implemented with both public and private sector projects. Pre-Construction Services Agreement (Specialist) (PCSA/SP) and Pre-Construction Services Agreement (General Contractor) (PCSA) can be utilized with this contract.

Framework Agreement (FA) can work with this contract.

The relevant clauses of this contract are as follows:

The Contractor is not allowed to authorize or specify to use or permit to use any materials which are being prohibited in them.

becoming illegal when utilized in some specific conditions or if used with other materials;

forbidden as the time passes

Not allowed without a particular extend of maintenance that must be higher than the expectation of a structure that is under construction.

Causing damage to the structure to which they are affixed or in which they are involved, or to any neighboring properties is prohibited and considered as an illegal act according t the contract (Mosey, 2009.p.97-113).

Answer No.2

The plaintiff lawyer was absolutely right in assuming that a court injunction could be served against the contractor in removing scaffolding because the scaffolding and the roof caused a annoyance of itself and it became very disturbing for the plaintiff, who was ill those days and was feeling strung and nervous, that caused her distress. Although it is a fact that the plaintiff who blamed her neighbor for causing disturbance ...