Nine Nightmares and their Antidotes
• Where an Employer includes with the tender enquiry information which proves misleading, can this be the basis of a claim?
• If the Employer suffers no loss as a result of a contractor’s delay to completion, is he still entitled to deduct liquidated damages?
• Can a contractor deduct claims for overpayments levied on one contract from monies due on another in respect of a subcontractor's work?
• Can a contractor/subcontractor be forced to carry out a variation after practical completion?
• How is practical completion and substantial completion under the JCT and ICE conditions defined?
• Can an Architect or Engineer refuse to include an amount of money in a certificate in respect of materials stored on site if the contractor or subcontractor cannot prove he has good title to the materials?
• Who is responsible if damage is caused to a subcontractor’s work by person or persons unknown; the subcontractor; contractor or Employer?
• Is a contractor/subcontractor absolved from any liability if the Employer refuses him access to make good defects because he chooses to make them good himself?
• Where the Architect/Engineer draws up a defects list but due to an oversight omits certain defects, will the contractor/subcontractor be obliged to make them good?
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