Legal Matters : Section A3 Essay

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LEGAL MATTERS – SECTION A3 INTRODUCTION CONTRACTUAL LEGAL MATTERS 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 Consulting 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 deals with both time and money. The NEC contract is dealt in real time as much as possible and it is process driven. Another reason for considering the NEC over the JCT is that, in the JCT contract, the ground risk is with the contractor. But the NEC contract uses the ICE foreseeability test in relation to ground conditions (Hugh James, 2014) Therefore Mumin Consulting used the references from the NEC3 (2005): Engineering and Construction Contract in creating the Contractual Legal matters. It was made sure that an extra effort was provided on to general provisions, contract strategy choice, documentation of the tender and finally the bid submission. The major clauses that were taken into consideration especially

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