Aspects of Civil Engineering Contract Procedure by R. J. Marks

By R. J. Marks

Revised and elevated, this e-book presents an updated and finished description of civil engineering agreement strategies, and covers the full spectrum of the felony, contractual and valuation implications of contracts for development works. This 3rd version covers relevent English legislations as much as 1983. The broad amendments additionally contain a completely revised bankruptcy on abroad contracts, and a comparability of the JCT eighty agreement with the ICE agreement.

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L . R . 601. Regional Hospital Board ''Gloucestershire County Council v. Richardson [1969] 1 A . C . 480 H . L . ; Young & Marten Ltd. v. McManus Childs Ltd. [1969] 1 A . C . 454 H . L . ; Norta v. John Sisk (1977) 14. B . L . R . 49. 39 LEGAL ASPECTS OF CONTRACTS Rectification If parties enter into a contract but there is an error, either by way of omission or misstatement, in their written contract so that the contractual document or documents do not accurately set out their common intention, the courts will correct the written contract so as to make it conform to what they intended to say.

A contract may provide, for example, that the price shall be paid by the employer not to the contractor but to an associated company of the contractor. e. his promise to do the work), but he has suffered no damage as he 1 2 British Crane Hire Corporation 303. Ltd. v. Ipswich Plant Hire Ltd. [1975] Q . B . Dunlop v. Selfridge [1915] A . C . 847, at p. 855, and The Golden Lloyd's Rep. 632. Lake [1982] 2 CIVIL ENGINEERING: CONTRACT PROCEDURE 30 was not the one intended to be paid. He may only be entitled to nominal damages.

27 LEGAL ASPECTS OF CONTRACTS Certainty of Terms In order to constitute a valid contract the parties must so express themselves that their meaning can be determined with a 1 reasonable degree of certainty. A purported offer and acceptance in which the terms of the proposed agreement are left so vague that it is impossible to determine what the parties agreed does not constitute a binding contract. This is not to say that the inclusion of a vague or meaningless term will necessarily invalidate the whole contract.

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