ABSTRACT

As the contract is always executed by submission of a tender entered upon the standard form, accepted by letter and recorded in a contract agreement executed by the parties, the option of a speciality contract does not arise without special action. The contract uses a broadly similar set of documents to those in the Joint Contracts Tribunal (JCT) form with the addition of the specification as a contract document; this effectively takes the place of the unmentioned bill preambles in the JCT system. The differences occurring in other versions of GC/Works/1 are not of consequence when comparing the form with the JCT form over present issues only and so on a very selective basis. Under the New Engineering Contract, the contractor is under an obligation to perform according to the ‘experienced contractor’ standard. The contractor will be held to have been aware of the strata and to have borne the risk of how weather conditions affect them.