Hi All Expert Planners
I am involved in a situation where there is a potentially overwhelming event that will adumbrate all the others.
It involves extra work to the contract - no arguement there - it is apparent that the contract works could not be commissioned without these extra works - they were just forgotten in the tender documents
The issue is when does the event begin?
My thoughts are that the event starts when the employer instructs investigation and design submissions - it was design and build and there were five design revisions before an instruction to commence was issued.
An alternative view is that the event starts when the instruction to commence was issued.
It is a bespoke form of contract that is as wide as a barn door for different rulings.
I would just like to know - am I on the right track?
Best regards
Mike Testro
I am involved in a situation where there is a potentially overwhelming event that will adumbrate all the others.
It involves extra work to the contract - no arguement there - it is apparent that the contract works could not be commissioned without these extra works - they were just forgotten in the tender documents
The issue is when does the event begin?
My thoughts are that the event starts when the employer instructs investigation and design submissions - it was design and build and there were five design revisions before an instruction to commence was issued.
An alternative view is that the event starts when the instruction to commence was issued.
It is a bespoke form of contract that is as wide as a barn door for different rulings.
I would just like to know - am I on the right track?
Best regards
Mike Testro