Legal Matters - Section A3

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LEGAL MATTERS – SECTION A3 INTRODUCTION According to RICS (2014), the most important building contracts in the UK are: • International Federation of Consulting Engineers (FIDIC) • Institution of Chemical Engineers (IChemE) • The Joint Contracts Tribunal (JCT) • New Engineering Contract (NEC) • Public Procurement Contract 2000 (PPC 2000) • Scottish Building Contract Committee (SBCC) Since the project is solely based in England and is a civil and structural project which is not publicly procured, the only viable legal contracts are JCT and NEC. Mumin Contracting prefers the NEC contract over the JCT because the JCT contract considers time and money as two different concepts. Whereas in the NEC contract, there is a compensation even which…show more content…
Mumin Contracting also referred W1 and W2 and secondary optional clauses X1-X20, Y and Z to create the contract. The law of the Contract The law of the contract that is applicable to this contract shall be of the law of England and Wales which is thereby under the jurisdiction of the courts of England and Wales Pricing Option Mumin Contracting finds that choosing the main contract option as one of the most important decisions as it constructs the financial risks as well as the payment modes to the contractors. Since ICP prefers the lump sum fixed price contract, the best contract that Mumin Contracting can offer is the use of a priced contract with an activity schedule which can be framed using the NEC3: Option (A) strategy. Dispute Clauses In cases of disputes, the company puts forward the use of W1 which the company referred in framing the contract. It has a dispute resolution option that points out to the contracts and not subject to the Act. Payment of Works Mumin Contracting has created a stage based payment schedule. This is as per the tender information that was provided by the ICP. The payment should
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