Your discussions should concentrate on the following key issues:-
Reasons for complex contractual disputes in construction;
Evaluation of the dispute and or whether terms of an average construction contract are
sufficient to avoid dispute;
Why did the parties differed from the use of alternative dispute resolution mechanisms;
Causes and nature of the dispute and lesson to be learnt;
Evaluation of the comments and verdicts of Justice Jackson and Lord Justice May;
Critical evaluation of repudiation clause in contract vis-à-vis the case between Multiplex
Constructions (UK) Ltd v Cleveland Bridge;
Critical evaluation of the use of article of agreement in contract with regards to temporary
or supplementary works in contract.
A robust conclusion of entire issues evaluated.
Finally, you are to draft a contract containing standard features (terms) of a construction contract using any forms of contract obtainable in the UK construction industry. You are to assume the status quo in terms of parties in the case law between Multiplex and Cleveland in the construction of Wembley stadium. The draft contract must clearly show key future in the article of agreement that will help avoid litigation that arose from the current case law between Multiplex Constructions (UK) Ltd v Cleveland Bridge. The draft contract is to be attached to your report as an appendix.
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