You are here:

Construction Law/pre-contrct nogotiations

Advertisement


Question
QUESTION: hello sir
whether pre-contract negotiation are part of contract or not
bala

ANSWER: Hi Bala
Pre contract negotiations can be part of the contract if they are specifically listed as documents forming part of the contract.
If they are not so listed then they have to be ignored and are not part of the contract.
Best regards
Mike Testro

---------- FOLLOW-UP ----------

QUESTION: Thanks for your prompt reply.
Pre-contract negotiation are not list explicitly but they are attached to contract documents
making a book consist of contract documents,contract conditions,specification and contractors methodology,program and contractor's machinery.
bala

Answer
Hi Bala
If the attached pages are part of the bound bundle of documents and initialled on each page then they are part of the contract.
If they are just loose pages with no initials then they may not be contract documents.
Be aware that if the programme is a contract document then the normal rules of Extensions of Time do not apply because the programme cannot be changed except by way of an engineer's instruction.
If the client delays the work and the programme is not revised by engineer's instruction then time will be set at large.
Best regards
Mike Testro

Construction Law

All Answers


Answers by Expert:


Ask Experts

Volunteer


Mike Testro

Expertise

Anything related to extensions of time and delay analysis.

Experience

45 years in the Construction Industry 15 Years as a consultant delay analyst - I now hold myself to be expert in this field.

Organizations
Society of Construction Law Adjudication Society ex Planning Engineers Organisation

Publications
6 articles on the relevance of the India Contract Act 1872 and its relevance to modern construction in India. Waiting Publication

Education/Credentials
Associate Member of the Institue of Building

Past/Present Clients
Currently employed in India by Punj Lloyd as expert delay analyst. Engaged in ongoing arbitrations and EoT claims. Prior an Indepenent consultant in delay analysis.

©2016 About.com. All rights reserved.