- Christopher is a design engineer and his client is the Local Organisation for Leisure activities (‘LOLA’), which is a not for profit body. Arleen Foster is the Chair of LOLA. The contract is for the building of a sports centre and gym to be called the LOLAdome. The contract works are being carried out by Cutt and Phil Limited (C and P) and he was subcontracted the mechanical and electrical engineering work to Shower and Sparky Limited (S and S). As well as his design work, Christopher is also the contract administrator. The contract is governed by the unamended JCT Standard Form of Building Contract 2016 (without quantities).Christopher has a number of other projects running at the same time as the work on the LOLAdome –and he finds it difficult to keep up to date with what is happening on each of them. About half way through the project, there is a small fire on site –which is thought to be the result of the defective installation of some of the electrical wiring. Aside from the risks posed, the fire causes damage to some of the panelling which had already been installed and this has to be replaced.
Throughout the project, the payment process has operated regularly but without necessarily being fixed to the dates and routine set out in the contract. Generally, Christopher has found C and P’s estimates to be ‘about right’ and not particularly quibbled with them orsuggested to the Client that there is any particular difficulty with making payment.Following the fire however, Christopher has tried to ‘contra’ charge for the replacement panels (i.e., deduct the value of the works from the amount which is claimed by C and P.C and P say that Christopher has missed the relevant date to serve the “pay less” notice. Christopher is flustered and tempers rise.In the heat of the discussion, C and P suggest that Christopher has also breached his (i.e., Christopher’s) obligations under the relevant health and safety regulations.Set out the requirements which Christopher needs to comply with in terms of (a) the payment process and (b) health and safety as they relate to this project.
Word count:3,000 words.
The JCT 2016 is attached via the link below.
the essay MUST be on this particular contract version so don’t use NEC or any other form however you can use case laws to support your argument. at least 15 citations should be used using Harvard referencing style.