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A cost plus contract states that a client agrees to reimburse a construction company for building expenses such as labor, materials, and other costs, plus additional payment usually stated as a percentage of the contract's full price. This type of construction contract is an alternative to lump sum agreements.
RE Barnett, The Oxford Introductions to U.S. Law: Contracts (2010). MA Chirelstein, Concepts and Case Analysis in the Law of Contracts (6th edn 2010) EA Farnsworth, Contracts (2008) LL Fuller, MA Eisenberg and MP Gergen Basic Contract Law (9th edn 2013) CL Knapp, NM Crystal and HG Prince, Problems in Contract Law: Cases and Materials (7th edn ...
This page was last edited on 23 November 2009, at 17:41 (UTC).; Text is available under the Creative Commons Attribution-ShareAlike License 4.0; additional terms may apply.
Chartbrook Ltd v Persimmon Homes Ltd [2009] UKHL 38 is an English contract law case concerning interpretation of contracts. It creates a so-called "red ink" rule, that there is no limit to verbal rearrangement that the court may deploy to give a commercial sensible meaning when construing a contract in its bargaining context.
Instead, the court decided that no contract had been entered into, and only allowed the claimants to get restitutionary recovery on a quantum meruit basis for the value of the work done. The conclusion that no contract existed meant the defendants could not recover the damages for late performance as no terms had been agreed to that extent. [1] [2]
Construction law builds upon general legal principles and methodologies and incorporates the regulatory framework (including security of payment, planning, environmental and building regulations); contract methodologies and selection (including traditional and alternative forms of contracting); subcontract issues; causes of action, and liability, arising in contract, negligence and on other ...
The arbitrator who first dealt with Davis Contractors' claim held that "the footing of the contract was removed" and therefore the original contract had come to an end. [1] On referral to the House of Lords, the Lords held that although the performance of the contract had become more onerous, it was not frustrated.
The Army Corps of Engineers signed a contract with G.L. Christian and Associates to build 2,000 housing units for soldiers at Fort Polk, Louisiana, under the "Capehart Act". Fort Polk was deactivated by the Department of the Army in 1958, and the $32.9 million construction contract was terminated by the Corps of Engineers on February 5, 1958 ...
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