ABSTRACT

Architects and other charged with administering the building contract face many problems. Basic questions arise, such as what does ‘time barred’ mean or what is a letter of reliance? There are different types of contracts emanating from the Joint Contracts Tribunal and from the Royal Institute of British Architects. They deal with traditional contracts and design and build contracts where the contractor is responsible for the design as well as the construction, in theory at any rate. New concepts such as Partnering, Management and Guaranteed Maximum Price contracts have evolved and each has its own difficulties. Some employers are adamant that they do not want any kind of contract, a situation that can only end in tears. Day-to-day contract administration calls for the ability to understand matters involving site investigation, the contractor’s refusal to admit the employer’s own workforce onto site and problems with materials on site. It is important to be able to decide the length of ‘a reasonable’ in any particular situation and to understand economic duress and whether ‘forthwith’ means the same as ‘immediately’.