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Mastering the Art of Negotiation in Construction Contracts

Mastering the Art of Negotiation in Construction Contracts

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Navigating the complex world of construction contracts is akin to mastering a strategic game where every move counts. These contracts are not just legal documents; they are the blueprints of trust, expectations, and responsibilities between parties involved in a construction project. In this section, we delve deeper into the fundamentals of construction contracts, highlighting their unique aspects in the construction industry.

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Breach of Contract Types

Breach of Contract

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A Breach of Contract represents a failure to fulfill one’s obligations as defined in the contract. These breaches can vary significantly in their nature and severity, and understanding the different types is crucial for effective contract management and legal recourse.

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Breach of Contract definition

Breach of Contract

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A breach of contract in general terms occurs when one party to a legally binding agreement fails to fulfill their obligations as stipulated in the contract. This failure can manifest in various forms, such as not performing as agreed, not performing on time, or not performing at all. Breaches can be categorized into material or fundamental breaches, minor or partial breaches, and anticipatory breaches.

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Liquidated Damages/Delay Damages: A Deep Dive into FIDIC’s Clause 8.7

In the realm of construction contracts, particularly under the FIDIC Yellow Book 1999, the concept of liquidated damages is pivotal. Clause 8.7, focusing on Delay Damages, is a key provision that governs the consequences of delayed project completion.

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Understanding Clause 14.11: The Ultimate Guide to Application for Final Payment Certificate

Clause 14.11

Our guide on ‘Clause 14.11: Application for Final Payment Certificate’ provides a detailed understanding of the process for final payment application, its review, and how disputes are resolved. Ideal for contractors and engineers navigating contract terms.

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Understanding Clause 14.9: Mastering Payment of Retention Money in Contracts

Understanding Clause 14.9: Mastering Payment of Retention Money in Contracts

Our comprehensive guide to understanding Clause 14.9 in contracts provides insights into the payment of retention money. Learn how this clause operates, its implications for contractors and clients, and its unique features compared to other payment clauses.

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Deep Dive into Clause 14.5 Plant and Materials intended for the Works

Clause 14.5 Plant and Materials intended for the Works

In the intricate web of FIDIC Yellow Book 1999, Clause 14.5 - Plant and Materials intended for the Works unveils a nuanced mechanism for handling materials destined for incorporation into the Permanent Works. This clause introduces a structured process within the payment certification framework, ensuring transparency and accountability in managing these crucial elements.

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