USING THE NEW ENGINEERING CONTRACTS (NEC3) TO CONSIDER AND EVALUATE THE LEGAL LIABILITIES ARISING FROM CONTRACTUAL FAILURES: A CASE STUDY RESEARCH
Sometimes in building and construction projects, the sub-contractor may bring a claim made by the main contractor or the employer against the contractor, and then the latter will often seek to settle this claim. The case "John F Hunt Demolition Ltd v ASME Engineering Ltd [2007] EWHC 1507 (TCC)...
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| Format: | Article |
| Language: | Arabic |
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Mustansiriyah University/College of Engineering
2017-05-01
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| Series: | Journal of Engineering and Sustainable Development |
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| Online Access: | https://jeasd.uomustansiriyah.edu.iq/index.php/jeasd/article/view/527 |
| _version_ | 1811233009453498368 |
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| author | Mustafa Ayad Al-Shammari |
| author_facet | Mustafa Ayad Al-Shammari |
| author_sort | Mustafa Ayad Al-Shammari |
| collection | DOAJ |
| description |
Sometimes in building and construction projects, the sub-contractor may bring a claim made by the main contractor or the employer against the contractor, and then the latter will often seek to settle this claim. The case "John F Hunt Demolition Ltd v ASME Engineering Ltd [2007] EWHC 1507 (TCC)" , which was under the Joint Contracts Tribunal (JCT), provides an example of this situation when the contractor (as sub-contractor in this case) settles the employer’s or main contractor’s claim, and then claims against his sub-contractor (as sub-subcontractor in this case) to recover these sums. This research is undertaken to discuss contractual issues connected to the above mentioned case, and to appraise the legal liabilities that associated with its contractual failure, and then it will appraise those liabilities under the NEC3 form of contract in order to enhance an interpretation of the NEC contracts and provide evaluation of legal implications under different legal provisions.
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| first_indexed | 2024-04-12T11:13:29Z |
| format | Article |
| id | doaj.art-6cedf45927f64ecca849310a859e67ea |
| institution | Directory Open Access Journal |
| issn | 2520-0917 2520-0925 |
| language | Arabic |
| last_indexed | 2024-04-12T11:13:29Z |
| publishDate | 2017-05-01 |
| publisher | Mustansiriyah University/College of Engineering |
| record_format | Article |
| series | Journal of Engineering and Sustainable Development |
| spelling | doaj.art-6cedf45927f64ecca849310a859e67ea2022-12-22T03:35:33ZaraMustansiriyah University/College of EngineeringJournal of Engineering and Sustainable Development2520-09172520-09252017-05-01213USING THE NEW ENGINEERING CONTRACTS (NEC3) TO CONSIDER AND EVALUATE THE LEGAL LIABILITIES ARISING FROM CONTRACTUAL FAILURES: A CASE STUDY RESEARCHMustafa Ayad Al-Shammari0Civil Engineering Department, Al-Mustansiriyah University, Baghdad, Iraq Sometimes in building and construction projects, the sub-contractor may bring a claim made by the main contractor or the employer against the contractor, and then the latter will often seek to settle this claim. The case "John F Hunt Demolition Ltd v ASME Engineering Ltd [2007] EWHC 1507 (TCC)" , which was under the Joint Contracts Tribunal (JCT), provides an example of this situation when the contractor (as sub-contractor in this case) settles the employer’s or main contractor’s claim, and then claims against his sub-contractor (as sub-subcontractor in this case) to recover these sums. This research is undertaken to discuss contractual issues connected to the above mentioned case, and to appraise the legal liabilities that associated with its contractual failure, and then it will appraise those liabilities under the NEC3 form of contract in order to enhance an interpretation of the NEC contracts and provide evaluation of legal implications under different legal provisions. https://jeasd.uomustansiriyah.edu.iq/index.php/jeasd/article/view/527NEC3JCTNEC contractslegal liabilitiescontractual failurejoint contracts tribunal |
| spellingShingle | Mustafa Ayad Al-Shammari USING THE NEW ENGINEERING CONTRACTS (NEC3) TO CONSIDER AND EVALUATE THE LEGAL LIABILITIES ARISING FROM CONTRACTUAL FAILURES: A CASE STUDY RESEARCH Journal of Engineering and Sustainable Development NEC3 JCT NEC contracts legal liabilities contractual failure joint contracts tribunal |
| title | USING THE NEW ENGINEERING CONTRACTS (NEC3) TO CONSIDER AND EVALUATE THE LEGAL LIABILITIES ARISING FROM CONTRACTUAL FAILURES: A CASE STUDY RESEARCH |
| title_full | USING THE NEW ENGINEERING CONTRACTS (NEC3) TO CONSIDER AND EVALUATE THE LEGAL LIABILITIES ARISING FROM CONTRACTUAL FAILURES: A CASE STUDY RESEARCH |
| title_fullStr | USING THE NEW ENGINEERING CONTRACTS (NEC3) TO CONSIDER AND EVALUATE THE LEGAL LIABILITIES ARISING FROM CONTRACTUAL FAILURES: A CASE STUDY RESEARCH |
| title_full_unstemmed | USING THE NEW ENGINEERING CONTRACTS (NEC3) TO CONSIDER AND EVALUATE THE LEGAL LIABILITIES ARISING FROM CONTRACTUAL FAILURES: A CASE STUDY RESEARCH |
| title_short | USING THE NEW ENGINEERING CONTRACTS (NEC3) TO CONSIDER AND EVALUATE THE LEGAL LIABILITIES ARISING FROM CONTRACTUAL FAILURES: A CASE STUDY RESEARCH |
| title_sort | using the new engineering contracts nec3 to consider and evaluate the legal liabilities arising from contractual failures a case study research |
| topic | NEC3 JCT NEC contracts legal liabilities contractual failure joint contracts tribunal |
| url | https://jeasd.uomustansiriyah.edu.iq/index.php/jeasd/article/view/527 |
| work_keys_str_mv | AT mustafaayadalshammari usingthenewengineeringcontractsnec3toconsiderandevaluatethelegalliabilitiesarisingfromcontractualfailuresacasestudyresearch |