Archive for April 2017

Tendering and Negotiating Contracts

Notes 1 See ch 3, para 3.4 for discussion of the functional specification. 2 Tender bid as offer: Spencer v Harding (1870) LR 5 CP 561; Blackpool and Fylde Aero Club Ltd v Blackpool Borough Council [1990] 1 WLR 1195, [1990] 3 All ER 25. Offer can be withdrawn at . . . Read more

Design Risk

Notes 1 As with the FEED package, pre-FEED studies and investigations can vary in detail and scope depending on the driving force of the project. They supply the background research for the project and often include conceptual investigations to determine the main elements of the functional specification, the feasibility of . . . Read more

Changes to The Work

Notes 1 The Company cannot request extra work and changes without express authority: Dodd v Churton [1897] 1 QB 562, (1897) 13 TLR 305. 2 H G Beale, Chitty on Contracts (32nd edn, Sweet & Maxwell 2015) paras 22–032 to 22–039. 3 For the legal test for when a term . . . Read more

Subcontracting

Notes 1 [1945] 1 All ER 247. 2 See discussion in Robert Clay, Nicholas Dennys (eds), Hudson’s Building and Engineering Contracts (13th edn, Sweet & Maxwell 2015) para 9–050 ff. 3 (1880) 5 QBD 149. 4 (1991) 28 Con LR 109. 5 See Section B above on ‘Nature of work . . . Read more