Tuesday, June 11, 2019
Construction Law Essay Example | Topics and Well Written Essays - 2000 words
Construction Law - Essay ExampleThe ECS contract is parallel to error correction code in detail and complications of contractual demands however, the names of the parties to the contract and clock timescales for completion are changed to meet the deadlines down the stairs the ECC contract (GMH Planning, 2012). Clause 11.2(17) lays down the criteria for a subcontractor. Firstly, mortal involved in construction or installation of part of the draw which indicates that a contractor cant sublet an entire project to some other individual or organization. Secondly, it can be someone who provides a service necessary to provide the works, this shows that services of others can be utilized and no demarcation line is placed on only subletting a part of the project. The third category describes individuals and organizations that would not be considered as sub-contractors. They enter into a contract regarding the provision of kit and caboodle and material which they partly or completely d esigned for a specific project. The imperative point to remember is that the burden of responsibility of the contactor towards the employer is not shifted to a subcontractor (Eggleston, 2006). ... NEC3 provides that the construction or installation of part of the work can be sublet to a sub-contractor and offers two options. The first option if NEC3 Engineering and Construction Subcontract (ECS) with elegant changes in the timescales and names of the parties involved in the project. Clause 62.3 makes changes in the time period for submission of and response to quotations and clause 51 makes change in the time period of payment. The payment period in Secondary Option Y (UK) 2 of ECS is similar to ECC type of the similar bitary option prove in same payment time limits. Main contractors can amend these periods by using the provisions of Subcontract Data Part One (Patterson, 2007). The second option under NEC3 is the Engineering and Construction Short Subcontract (ECSS) used for proj ects which dont involve complex management techniques, consist of uncomplicated work and entail low risks. It prohibits delegating design responsibility to the subcontractor, simplifies work by adhering to Works information but it doesnt simplify processes concerning hire events. It is obligatory for the subcontractor to name compensation events within seven days of becoming knowledgeable of such an event and will have similar liabilities as a Contractor does under the ECC in case of failure to give notification. However, ECSS does not include deemed acceptance procedure for not replying unlike ECS. Therefore, we can conclude that the burden of compensation event procedures lies with the Subcontractor under ECSS. In this instance, the subcontractor did not adhere to the precise requirements provided in the Works Information concerning installation of a complimentary
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