ABSTRACT

In partnering contracts there is often a term referring to fairness or good faith. A recent case dealt with the Association of Consultant Architects (ACA) Standard Form of Contract for Term Partnering which had been adapted by the parties. Time-barred is possible to have a time-bar clause which states that no extension of time will be given unless a notice of delay is submitted by the contractor within 14 days of the delaying event. Under the Joint Contracts Tribunal (JCT) Management Contract, there is generally no difficulty that the works contractor is in contract with the management contractor under the terms of the JCT Works Contract. In this instance, however, the position was clouded because tenders had been invited and a letter of intent sent to Stent by the employer before the appointment of Wimpey as management contractor. Economic duress is the wielding of economic sanctions to induce a contract.