construction management

Mastering the Art of Negotiation in Construction Contracts

Mastering the Art of Negotiation in Construction Contracts

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

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

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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Understanding Breach of Contract in FIDIC Agreements: Key Clauses & Implications

Breach of Contract

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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Employer’s Entitlement to Termination in Construction Contracts

Clause 15.5

Clause 15.5 in the FIDIC Yellow Book 1999 addresses the Employer's right to terminate the contract at their convenience. This clause is significant as it provides the Employer with the authority to end the contract without the Contractor being in breach.

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