ABSTRACT
This book is concerned, in the main, with contractual claims. It is noted, however, that claims for breach of contract do not hinge entirely on the printed conditions, which are the expressed terms, agreed by the contracting parties. Courts may 'breathe' another or other terms, implied terms, into the contract to render it commercially effective. The breach of an implied term can also give rise to a claim for damages. There is explicit reference in Clause 49 of the ICE Conditions of Contract to 'any obligation expressed or implied on the contractor's part under the contract'. Terms may also be implied by the employer.
