ABSTRACT

This chapter presents some questions that are helpful for the construction professionals of all kinds who frequently need legal advice that is straightforward as well as authoritative and legally rigorous. The fact that the contract is to be carried out in sections was agreed between the employer and the contractor when they executed the contract. Therefore, in order to change the sections it is necessary to have a further agreement between employer and contractor. This is a common problem when the contract is divided into sections, each with its own date for possession and completion, but two or more of the sections are interdependent. The court referred to the 'critical feature of this contract': namely that the building works were always going to be carried out sequentially, and that the work on one section could not start until the work on the previous section had reached practical completion or the stage of completion identified in the sectional completion schedule.