Common questions

What happens if the contractor does not maintain progress of work?

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What happens if the contractor does not maintain progress of work?

If the contractor fails to maintain the required progress in terms of Clause 5 or to complete the work and clear the site on or before the contract or extended date of completion, he shall, without prejudice to any other right or remedy available under the law to the Government on account of such breach pay as agreed …

Can a contractor reject and instruction?

In the absence of such express terms the contractor may reject instructions for variations without any legal consequences. Standard forms of contract generally make express provisions for the contract administrator (generally the architect or engineer) to instruct variations (for example, FIDIC Clause 51.1).

How do you handle contractor delays?

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If your contractor is dragging his feet, follow these tips:

  1. Document Communications. It’s best for homeowners to communicate with contractors in writing so there is a record of the conversation.
  2. Keep A Record of the Timeline.
  3. Do Not Make Remaining Payments.
  4. Hire A New Contractor.
  5. Take Legal Action.

How do I get my money back from a contractor?

Five Ways To Get Your Money Back From Bad Contractors

  1. Go to Small Claims Court. Small claims court is a legal venue for homeowners who feel they are owed money back from a contractor.
  2. Hire an Attorney.
  3. File a Complaint with the State.
  4. Pursue a Bond Claim.
  5. Post Reviews.

What are delay damages?

The term “Delay Damages” is often used in construction change order requests, requests for equitable adjustments, and claims. “delay damages” can be narrowly defined as only the damages that result from the project’s extended duration.

What constitutes an instruction?

The definition of instruction is the act of educating, giving the steps that must be followed or an order. An example of instruction is someone giving another person detailed directions to the library. An instruction can also contain data to be used in the operation.

Can a contractor refuse an instruction NEC?

The contractor can either not accept it and instruct you to provide a revised quotation, giving reasons, or it can tell you it will make its own assessment. The contractor cannot ask for more information and you are not required to provide it.

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Can an architect be sued for malpractice?

As with many other specialized professionals, architects and engineers can be sued for failing to meet a specified duty. If an architect or engineer is under contract to perform a professional service, and that service leads to injury, the victims of that injury are able to sue for damages in a malpractice suit.

What happens when builder breaches contract?

Breach of contract means that one party did not do what they promised to do in the agreement. A party who breaches a contract can be held legally responsible for damages. Most often, in construction contract cases, damages can include money for the party who suffered a loss or was injured by the breach.

What happens if a contractor does not follow an architectural instruction?

If the contractor does not follow an instruction, the architect may be required to issue a ‘notice to comply’ to the contractor. If they still fail to comply, the architect can instruct others to carry out the work and the contractor will be liable for any additional costs incurred.

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What happens if an architect fails to comply with building regulations?

If they still fail to comply, the architect can instruct others to carry out the work and the contractor will be liable for any additional costs incurred. It is important therefore that such costs are properly recorded, and if possible a range of quotes obtained.

What is a design error in construction?

A design error is an instruction (or lack of instruction) in the plans and specifications that, if followed by the contractor, will require replacement or correction at a cost (or result in a construction failure). The owner has already paid for the work once at bid time and now must pay for the replacement or correction.

What happens if there is a flaw in a construction project?

The typical response of a contractor to a flaw in the construction is that the Plans and Drawings indicated that the construction should have been completed in that manner and so long as the contractor follows the plans and specifications, the contractor is normally free from liability.