You are here:

Construction Law/Yellow Book - Clause 7.5 or 11.3?

Advertisement


Question
Morning, I would like to ask your advice regarding the best use of clause 7.5.  There is some equipment on site which has not functioned properly since the Taking Over Certificate (TOC) was issued some 9 months ago.  When the TOC was issued it was clearly stated that this piece of equipment was not considered operational.  At this juncture the Employer would like to ensure he is not going to be left with equipment that will cause problems in the years to come.  Would you advise using Clause 7.5 or 11.4 to push the Contractor to correct the works within a reasonable time after which the Employer would take over and costs incurred would be entitled under 2.5.  We have previously issued notice under 11.4 and the time frame stated for remedying the works has since expired.

Answer
Dear Marcus,

Thank you for this question.

I am based in Trinidad and would welcome you sending your contact details to me (info@cerno.org) so that we can discuss this matter.



Kind regards,
John Dowse

Follow me on Twitter: @CernoOrg

For my weekly industry newsletter e-mail to info@cerno.org, stating SUBSCRIBE in the subject line

Training and consulting services are available, bespoke to companies and individuals.

John Dowse can be contacted by e-mail to info@cerno.org (When e-mailing, please include “AllExperts” in the subject line.)

Construction Law

All Answers


Answers by Expert:


Ask Experts

Volunteer


John Dowse

Expertise

Legal; contract interpretation; quantum; delay analysis. Practitioner in arbitration, adjudication and mediation.

Experience

Thirty-three (33) years experience in building and construction, at all levels both within contracting and consulting organisations. Practising arbitrator, adjudicator, and mediator. Faculty approved trainer for the Chartered Institute of Arbitrators. Lecturer on construction contract forms and dispute resolution practices.

Organizations
Chartered Institution of Civil Engineering Surveyors Chartered Institute of Arbitrators Institute of Directors Society of Construction Arbitrators

Publications
Various UK and International construction and legal publications.

Education/Credentials
LLB (Hons), Pg Dip (Legal Practice), MCInstCES MCIArb MIOD Barrister

©2016 About.com. All rights reserved.