ABSTRACT

This chapter considers Contracts, namely a Management Contract and a Works Contract. Consequently the Project timescale is divided into two distinct periods: pre-construction period, and construction period, with the option available to the Employer to determine the Management Contractor's employment after the first period. During the Construction Period the services are mainly concerned with planning and programming, monitoring the progress of design work and drawing production, cost control and payment disciplines, labour relations and procedures, site management and quality control, and controlling and reporting on the performance of Works Contractors. The "no loss defence" is therefore not an option available to the defaulting Works Contractor. Notwithstanding this, it is suggested that a Court may well award the Management Contractor only nominal damages on the grounds that the Management Contractor has indeed suffered no loss.