Module

Code BNV6101

Module
Title Contract Practice

Coursework
Title BSc (Hons) Quantity Surveying

Submit
to Mr. Thushara Indika

Word
Count 3820 (Report Body)

Due Date
16/06/2019

Submitted
By
University
No 18158811

ICBT
ID CL/B(H)QS/05/57

Student
Name S.Nishan Shashika Edirisinghe
 Table of Contents
PART 01 ................................................................................................................................................................. 1
1.1 Health & Safety ........................................................................................................................................ 1
1.2 Time over Run .......................................................................................................................................... 3
1.3 Variation ................................................................................................................................................... 4
PART 02 ................................................................................................................................................................. 5
PART 03 ............................................................................................................................................................... 10
3.1 Provision in the Contract can avoided the dispute in Construction Project. .......................................... 10
3.1.1 Employer related provisions ........................................................................................................... 10
3.1.2 Contractor related provisions .......................................................................................................... 11
3.2 Alternative Dispute Resolution .............................................................................................................. 14
3.2.1 ADR methods in the Construction. ................................................................................................. 14
3.2.2 ADR Methods Shall be include in Condition of Contract .............................................................. 16
REFERENCES ....................................................................................................................................................... 17

Page 0
PART 01

 The answers for the this section if base on FIDIC (Red) 1999 book under Clause 4 [The Contractor] &
Clause 5 [Nominated Sub Contractor] & their Sub clauses. (FIDIC , 1999)

1.1 Health & Safety

1.1.1 Contractor’s Obligation

Related Case -

 Eh Humphries (Norton) Ltd. Thistle Hotels Plc V Fire Alarm Fabrication Services
Ltd. [2006]
In 2000, Thistle Hotels Ltd appointed EH Humphries (Norton) Ltd as main contractor for electrical
work in the refurbishment of a hotel occupied by Thistle in London. Humphries sub-contracted
installation work on a fire alarm system to Fire Alarm Fabrication Services Ltd. Mr. Gray was
employed by Fire Alarm Fabrication. In January 2001 he fell through a skylight in the roof of the
building, which was owned and occupied by Rail track plc, suffering fatal injuries. His widow claimed
compensation from Fire Alarm Fabrication. Her claim succeeded. Fire Alarm Fabrication claimed
that it was entitled to a contribution from Humphries and from Thistle. At first instance, the claim
succeeded. Humphries and Thistle appealed to the Court of Appeal.

I According Clause 4.8 [Safety Procedures] in (FIDIC , 1999) the Contractor shall provide to Site safety to
the Sub-Contractors. In this Present Case, the main Contractor (City Contractors Ltd.) Doesn’t provide
relevant Site Safety to his Sub- Contractor (Unique Engineering). Therefore providing Safety at site is a
Contractor’s one of obligation.

II The Main Contractor (City Contractors Ltd) Shall Monitor and Supervise all the works of the Sub-
Contractor and ensure they are work under relevant Site Safety Procedure. If Sub-Contractor doesn’t follow
given safety procedure, the contractor can claim for that for negligent his orders.

III The Main Contractor shall Pay relevant amount to the injured pursuers though the Sub Contractor for unable
to ensure the safety.

Page 1
1.1.2 Sub-Contractor’s Obligation

Related Case -

 Miller V Rooney & Ors [2006]

First Defendant in breach of The Construction (Health and Safety at Work) Regulations 1996 No.6 with
Claimant guilty of 30% contributory negligence. Second Defendant also liable on basis that he failed as an
occupier to take reasonable steps to ensure First Defendant was a competent independent contractor. In
particular he had not checked the insurance position of Mr. Rooney. He had also failed to establish the
defense under Section 2(4) of Occupiers Liability Act 1957. However, Claimant failed to establish that
Third Defendant was a joint occupier.

I Sub- Contractor is obligate to follow the required Health & Safety regulations & Policy at site. Otherwise if
not the Contractor can deduct his payment amount due to negligence of Safety regulations.

II Sub-Contractor shall obligate to train and giving advice on Health & Safety to his staff and crew before
work start and while.

Page 2
 1.2 Time over Run

Related Case –

 Carillion Construction Ltd V Woods Bagot Europe Ltd & Ors [2016]

The contractor engaged two sub-contractors to carry out the mechanical and electrical works, EMCOR
Engineering Services Ltd (EMCOR) and AECOM Ltd (AECOM). AECOM's sub-contract was notated to
the contractor from the employer. AECOM was engaged to provide services and to perform them
"regularly and diligently".

The contractor claimed damages caused by the sub-contractors' delay. This included the contractor's
own costs and liquidated damages levied against it under the building contract.

In defense the sub-contractors argued that EMCOR was entitled to an extension of time and that
neither EMCOR nor AECOM were liable for because the contractor had no liability to the employer for
liquidated damages.
But the Court (TCC), held that and extension of time should be added contiguously and that the
contractor’s liability to the employer was not extinguished.

2.1 Contractor’s Obligation

I. The Main Contractor (City Contractor Ltd.) shall have to Claim from the Sub- Contractor for his Delay
damages in according to the relevant Condition of Contract.

II. Although the Main contractor obligate give only extension of time to the Sub- Contractor without any
compensation if it is reasonable event.

2.2 Sub-Contractor’s Obligation

I. Considering this scenario, this time overrun has been happen due to injuries occur to several labors at the
site. In this case, the Contractors obligate to ensure the safety of all the labors at site. There for Sub-
Contractor can say his time over run is reasonable event. Although he (Unique Engineering) can ask for an
extension of time for recover his work without compensation.

Page 3
 1.3 Variation

Related Case –

 Simplex Concrete Piles v Borough of St Pancras (1958)

Simplex, the foundations contractor, was responsible for the design, which used driven piles. It
transpired that this design was inadequate, following which the employer’s architect had
discussions with Simplex as to what could be done to overcome the problem. Simplex
recommended changing the piling design so as to use bored piles instead and the architect wrote
instructing this change. Despite the fact that the change had only been required because the design
had proved inadequate, Simplex claimed

For the additional cost of the bored piles on the basis that a variation had been instructed, which
should be the court’s analysis is consistent with a strict reading of the contract provisions. The
contract defined variations so as to include written instructions to change the scope and stipulated
that the contractor should be paid for any such instructed variation. It did not state that variations
necessitated by the contractor’s default should be treated differently. Under the terms of the
contract therefore, payment was due for this change. allude and paid under the contract. The court
found in the contractor’s favor.

3.1 Contractor’s Obligation

1. The Contractor is obligate to designing if the contract is Design & Build Project. Apart from that Contract,
the Contractor can’t change the design without notice the Engineer & the Employer.
2. The Contractor is obligate to undertake to Variation in Project in accordance with relevant Condition of
Contract details.
3. Regarding to the scenario The Contractor can Claim from the Sub-Contractor for Change the scope of work
out of mentioned in Contract details.

3.2 Sub-Contractor’s Obligation

1. Regarding to the scenario, the Sub-Contractor can Claim his varied cost due to Design Change from the
Contractor if designed changed by apart from Sub-Contractor.
2. The Sub-Contractor hasn’t right to Change the Design of the work without notice the Contractor.

Page 4
PART 02
The clauses in the each table are summarize defined under exact Clause number accordance with their method
of contract.

Method of Contract
Type of
Payment
FIDIC 1999 JCT 05 NEC 03

1. Provisional Clause 13.5 Section 5.2-3 There is not such a

Sum provision describe and
Provisional sum will use on dealing about provisional
whole or part of an execution The executed Provisional sum sum in NEC 03. If the
undefined work. Although it works of the Contractor which works which they relate to
apply on Plant, Materials or are included in the Contract bill are not covered in the
Service that supplied by or in the Employer’s requirement Works Information then
nominated sub-Contractor. shall agree to pay to the you are not obliged to do
Contractor. This amount will be them. Those undefined
The provisional Sum also pay to the contractor after the
applied on Contract price. valuation of work done. work will be done with
The actual amount of a work under the Project
done will be sustained by the “The JCT adopts the RICS Manager’s instruction &
Contractor and amount of Standard Method of after that the Contractor
overhead charge/profit will Measurement, seventh edition will paid for work done.
calculate as a percentage of (SMM7) when dealing with “The Contractor have
actual amount of work done. provisional sums. Perhaps the allowed for in the
This percentage is not given most important feature of SMM7 Provisional Sum? The
in (FIDIC , 1999) and it will in this regard is its distinction answer is probably
decided by both parties. If not between “defined” and nothing, because you have
percentage rate in contract “undefined” provisional sums. ” not asked him to do
data shall be applied. (Constructionblog, 2019) anything.” (NEC 3, 2005)

Page 5
2. Day Work. Clause 13.6 Section 5.7 There is not such a
provision describe Day
If day work occur in Site, the When day work happen on site, works in NEC 03.The
Contractor shall get all the Prime cost of the Day works change the Scope of the
quotations and submit to the will be calculated by the work would be
Engineer before ordering Contractor. Then add a compensation event to the
goods for the work. Although percentage addition set on the Contractor if it is instructed
the Contractor shall submit all prime cost and add it on to the by the Project Manager.
the invoices, accounts or Contract bill to recover. Clause 14.3
receipts of the goods of day
works when recover the Verification details(Vouchers) of
payments of day works. day works shall be submit to
Architect or Contract
The work done will be valued Administrator not later than
according to day work within a week
schedule in the Contact.

3. Interim Clause 14.6 Section 4.9 Clause 51.0

Payment. The Contractor shall submit
monthly statement in six
copies and in a form approved
by the Engineer at end of
each month. This monthly
statement include following
payments details,
(a) Work done cost of
relevant month. Sub-
clause 4.21 [progress
report].
(b) Any amount added &
deduct for change in
legislation or in cost.
Sub-clause 13.7
(c) Any amount deducted
for retention.
(d) Any amount added &
deduct for the advance
payment. Sub-clause
Interim payment certificates shall
be issue on dates provided in
contract particulars (up to
practical work done) or after
work done in monthly and
thereafter by contractor to the
Employer.
Section 4.13
The Final date for the payment to
the interim payment certificate is
after 14 days from the issue of
the Interim payment certificate
by Contractor.
Within 5 days after the issue of
Interim payment certificate, the
Employer shall notice to
contractor if amount is due.
Within 5 days before final date
The payments in payment
certificate made by
contractor to the Employer
and certified by the Project
Manager within one week
before of each submit date.
The payment certificate
shall be made within three
weeks of each assessment
and a different period
mentioned in contract data.
Clause 51.2

Page 6
 13.7[Advance payment] of payment, the Employer shall
(e) Any amount added & notice if any amount to withheld
deduct for plant and or deduct.
materials.
(f) Any amount added or
deduct for Claims,
Dispute & Arbitration.
Clause 20
(g) The deduction of
amount certified in all
previous certificates.
4. Retention Clause 14.9
Money
Payment The Employer has to right
retain often 5 % percentage of
work done amount in each
interim payment certificates
are issued. The retaining
money will release to
contractor in two parts after
expiry of defect notification
period and issue in taking
over certificate.
Section 4.20
The Employer has right to retain
& deduct 3 % percentage of work
done amount of each payment
certificate when operation.it will
place in separate bank account. It
will release in two parts and Half
of the percentage of retention
money will be release after
certified the work done.
Option X16
The amount of retain sum
shall be percentage in price
of work done. Sub- clause
X.16.1
The retention amount will
be halved ,
1. After completion whole
work.
2. The date of the
Employer take over the
whole work.
The retention money will
be release to the contractor
after defect certificate has
been issued.
Sub- clause X.16.2
Page 7
5. Final Clause 14.11
Payment
After issue the performance
certificate, within 56 days the
contractor shall submit the
final statement with 6 copies
to the Engineer including
value of work done and due
amounts.
Clause 14.13
After receiving the final
statement to the Engineer
within 28 after it shall give to
the Employer after approved
by the Engineer. The balance
due amount shall be released
then after.
Section 4.15
The architect or Contract
Administer shall issue the final
statement in not later than 2
months after the closed of
rectification period or date of
release certificate of making
good.
The final statement include
adjusted contract sum or due
amount in interim payment and
any advance payment paid.
28 days after the final statement
issued, the Employer have to pay
to contractor. If there is any add
or deduct of amount shall be
notice to the contractor before 5
days the final payment date.
Clause 93.0
Before termination the
contract, the Contractor
shall notice to the Project
manager. Then after the
Project manager will issue
the final amount due
certified (within 3 weeks)
by him.
Amount due shall include:-
1. Due work done cost.
2. Plant & material cost.
3. Balance in advance
payment.
4. Amount retained by the
Employer.
5. Estimated cost to
removing the
equipment at site.
Page 8
6. Advance Clause 14.2
Payment
The total advance payment
would be less than
assumption percentage of 22
% of the accepted contract
amount (less than provisional
sum) & exceed 10 %.
The advance payment shall be
recovered thorough the
percentage deduction of the
payment certificates. The
reimbursement rate shall be
25% of the amount of each
payment certificate. If
advance payment has not
recovered by employer after
taking over certificate issue
(Clause 15, clause 16,clause
19), balance outstanding
amount should be paid by the
Contractor to the Employer.
If the advance payment has
not been paid by the 28 days
prior to expiry date of
guarantee, the contractor shall
extend the validity of the
guarantee until the advance
payment recover.
Section 4.8 In clause 05 “Payment” in
NEC 03, there is not a
The Employer shall be agreed to provision given for
pay advance payment on date to Advance payment.
the contractor (under sec. 4.8) for
his reimbursement by the Surety. Option X14
Behalf of the Contractor, Surety
has repay the amount. The surety The employer make the
shall repay 5 business days after Advance payment to the
the Employer demanded. contractor the amount of
The amount of Advance payment states in contract data. If it
shall be reduced by the amount of is a bond, it is issued by a
any reimbursement made by the bank or an insurance which
contractor to the employer as is accepted by the project
advises by the Employer in manager. The bank or
writing to the Surety. insure must be
commercially strong to
hold the bond.
The Advance payment will
be is made either in 4 week
of contract data. If it is an
advance bond made within
4 weeks later of the
contract data and the date
will received the advance
payment bond to the
Employer
The Advance payment will
be repaid to the Employer
by instruments. Delayed in
making the advance
payment is a compensation
event.
Page 9
PART 03

3.1 Provision in the Contract can avoided the dispute in Construction Project.

The dispute will be happen due to dis agreements between the parties in the field. Those dispute harmful to the
Contractor – Client relationship and Claims can cost to resolve those disputes. Contract document (FIDIC,
1999), (JCT, 2011), (NEC 3, 2005) have included some provisions to avoid the dispute among the parties.

3.1.1 Employer related provisions

I. “The employer shall give contractor right to access to the all part of site within the time. “ Clause 2.1
(FIDIC, 1999)

Avoidance

The contractor doesn’t belong the land. The Contractor need access to the site at pre-stage for
collect relevant details and in post stage for Construction Process. To avoid dispute the
Employers permission require to access

II. “The Employer shall give necessary help to Contactor for obtain permits, licenses and approvals to run
the construction.” Clause 2.2 (FIDIC, 1999)

Avoidance

This clause shall make a good relationship between the Employer and the Contractor. The
Contactor can keep trust on his Client.

Page 10
III. “If the Employer shall entitled any payment, the Employer shall notice the Contractor though the
Engineer” Clause 2.5 (FIDIC, 1999)

Avoidance

The Contractor shall have time to consider his payments to the Employer is reasonable/agree or
not. If Contractor disagree to pay, he can take action against it formally without any disruption.

IV. “The Contractor can’t change the Contract price, Completion date and key dates without the Employers
permission after Contract award. If it is so compensable event.” Clause 63.4 (NEC 3, 2005)

Avoidance

If contractor make a decisions without notice the Employer can be occur dispute. This Clause
encourage to Proper communication between two parties. The proper communication (by noticing)
can make avoid the dispute among parties.

3.1.2 Contractor related provisions

I. “Before the contractor going claim either money or extension time or both, the Contractor shall notice to
the Engineer before 28 days.” Clause 20.1 (FIDIC, 1999)

Avoidance

In during that time period The Engineer can analyze that claim, if the claim is reasonable or not to
claim. If it is unreasonable he can take action against that or negotiate with contractor formal way.
And also the Employer/the Engineer can avoid / reduce the damage of claim occur by notice him
without any dispute.

Page 11
 II. “The Contractor Shall keep contemporary records as may be necessary to substantiate any claims,
accepted by the Engineer” Clause 20.1 (FIDIC, 1999)

Avoidance

Those record include certified details about labour records, site weather conditions, work progress,
Variations….etc. The Contractor can submit (to the Engineer) those details as an evidence if
necessary for claiming. These records shall make entitlement to claim to the Contractor without any
disputes among parties.

III. “If Contractor does not received his payment on time during time period in sub-Clause 14.7 [payment],
the Contractor right to claim financial charge for the delayed payment.” (FIDIC, 1999)

Avoidance
The Employer should pay the Contractors payment on time otherwise corrupt payments shall be
make dispute the project. Proper payments may avoid the contractor take over the project.

IV. “The Project Manager or supervisor change in decision the design without the Contractor inform is
Compensable event for contractor. “(NEC 3, 2005)

Avoidance

The negligent of the contractor’s decision can occur dispute with him. To avoid that the Project
manager shall inform to the Contractor when any change in design.

Page 12
V. “The Project Manager or supervisor doesn’t reply to the contractor’s communication is a compensable
event.” (NEC 3, 2005)

Avoidance

Better communication with among construction parties can avoid the Construction dispute. Although
negligent of one party is one of key fact to start a dispute. To avoid that Construction parties shall
need better communication among parties

Page 13
 3.2 Alternative Dispute Resolution

3.2.1 ADR methods in the Construction.

Following techniques are commonly used ADR method in the Construction field.

1 Arbitration

The Dispute parties will transfer the dispute to the 3rd party to refer. That 3rd party will called as arbitrator in the
construction field. Arbitration process in UK is govern by the Arbitration Act 1996 (Act No.11 of 1995 in Sri
Lanka) considering the fair, cost effective and rapid and arbitration language. (Cook, 2016) . The arbitrator will
chose by parties base on his relevant experience in matter.

Advantages:-

Arbitration is a very confidential process in the field. It is highly flexible compared to court proceedings. And
also rather than go to the court, arbitration is very quick and cost effective process.

Disadvantages:-

The both dispute parties have to take care of the cost of the Arbitrator and also where the arbitration venue is
take in place. Thus Arbitration process has limited appeal rights and take in decisions.

2 Adjudication

A neutral third party will give decision on the dispute. This method is call as “pay first, argue later’ way in
ADR methods. The housing Grants Construction & regeneration Act 1996 (The Construction Act) states that
parties to a contract may refer their dispute to an adjudicator. (Cook, 2016).The Adjudicator must not involve in
the day to day running in the Contract.

Advantages:-

Adjudication is a quick and less expensive process rather than court proceedings. If necessary disputes parties
can go to the court. This process not harm to construction cash flow.

Disadvantages:-

The adjudicator has a limited power and sometimes court proceeding is need if some party dis obey his
decision. The Dispute has to be aired before the adjudication.
Page 14
 3 Expert Determination

An expert who are used to demine the dispute will conduct the Expert determination. The parties will involve in
this must agree in the contract and then it will binding. When the valuation is dispute, this method is frequently
use in the field. This form of method is an informal way of resolution of dispute in the construction field.

Advantages:-

This method is very economical way to disputed parties. And also very quick method and less formal method in
the process.

Disadvantages:-

Expert decision’s report is less tied to the legal and can’t argue with his decision. Thus his report not allow and
available to curt or arbitration process.

4 Mediation

The Technology and Construction Court (TCC) provide relevant guidance to conduct litigation process in the
construction industry. Thus the court will encourage go to ADR method in there to parties to resolve disputes.
This ADR method is commonly use one in the construction industry.

The mediator is an Independent person who will guide by TCC judges. (Mediation act was formed 1988.)

Advantages:-

This method will help to make increase the business relationship among the parties. Rather than going to
Litigation this method is cost effective and take less days. Although the final decision made by mediation is
confidential one.

Disadvantages:-

If the party(s) won’t agree to the decision, the cost/time of the mediation would be wasted

Page 15
 3.2.2 ADR Methods Shall be include in Condition of Contract

Assume that the suitable draft ADR methods has been designed base on the FIDIC 1999 Red Book (FIDIC ,
1999). According to the book under Clause-20 [Claim, Dispute & Arbitration] & it’s some sub clauses shall be
changed.

Removed Provisions

 Clause 20.5 – Amicable Settlement

Assume that this provision is no longer in FIDIC Red 1999.This Provision encourage dispute parties resolve
dispute by negotiation, mediation and conciliation rather than go to the arbitration. But this provision doesn’t
describe it in detail way.

Updated Provisions

 Clause 20.9 – Expert Determination for dispute in Valuation

If the dispute due to disagree of valuations or a due to error in Valuation, the dispute parties can get a
determination of value from an Expert for relevant work. This Valuation Expert shall not to be involve into
particular construction process. And also he or she shall have to minimum 5 year or more experience in the
Construction field. The Final expert determination report will be submit to the Consultant.

If one party or both party dis-agree final decided Value, dispute parties can go to the Arbitration process as next
step.

 Clause 20.10 – Mediation in the Contract.

If any dispute occur in out of contract, dispute parties shall go to the mediator as resolve the problem. The name
of the mediator shall include in the Contract data, if not parties can appoint a relevant Mediator to the ADR. The
appointment of the mediator shall notice to appended party to the other party including the Engineer. If
Mediation process fail in part or whole of the process, parties shall participate an arbitrator to the ADR method
within 20 days. The venue for the mediation will done at the site.

 Clause 20.11 – Negotiation for Dispute resolution.

The negotiation process will be start within 14 days after dispute happen. As a first step of the dispute
resolution, disputed parties shall start negotiation with each other by conducting meeting. At least one of a
relevant senior management member (Director, Project Quantity Surveyor or Project Manager) shall participate
to negotiation process from each of parties. If dispute can’t settle within 2 week, either party shall notice other
party is going remaining dispute resolution Clauses at Contract for settle the dispute.[Clause 20.6- Arbitration,
clause 20.9-Exper determination for dispute in Valuation, Clause 20.10-Mediation in the Contract]

Page 16
 REFERENCES

BOOKS

 Internationale, F., (1999). Fidic Conditions of Contract for Construction (red):1stedn. Thomas Telford
Ltd.

 JCT (2005) Standard Building Contract With Quantities. 1st edn. 1st revision. London: Sweet &
Maxwell.

 JCT (2011) Deciding on the appropriate. London: Sweet & Maxwell.

 NEC 3 (2005) Nec3 Engineering and Construction Contract. Thomas Telford Publishing.

CASE LAWS

 Carillion Construction Ltd V Woods Bagot Europe Ltd & Ors [2016] EWHC 905 (TCC)
 Eh Humphries (Norton) Ltd. Thistle Hotels Plc V Fire Alarm Fabrication Services Ltd. [2006] EWCA
CIV 1496 (10 NOVEMBER 2006)
 Miller V Rooney & Ors (DEENY J, H CT NI [2006] NIQB 7
 Simplex Concrete Piles v Borough of St Pancras (1958) 14 BLR 80,

ELECTRONIC REPORTS

 George Rosenberg (2018) Clause 14: Contract Price and Payment [pdf] Available at:
https://www.corbett.co.uk/wp-content/uploads/Clause-14-Contract-Price-and-Payment.pdf [Accessed 17
June 2019]

Page 17
WEB SITES

 Constructionblog (2019) Ask the team: What are provisional sums?.

Available at: http://www.constructionblog.practicallaw.com/ask-the-team-what-are-provisional-sums/
[Accessed 17 june 2019].

 Construction Executive (2019) Welcome. 2019. Construction Executive. Available

at: http://constructionexec.com/article/six-tips-for-successfully-resolving-construction-disputes.
[Accessed 19 June 2019].

 England and Wales Court of Appeal (Civil Division) (2019). EH Humphries (Norton) Ltd. Thistle Hotels
Plc v Fire Alarm Fabrication Services Ltd. Available
at: https://www.casemine.com/judgement/uk/5a8ff7a460d03e7f57eb0ac1. [Accessed 19 June 2019].

 Eversheds Sutherland. (2019). Top three construction cases: June 2016- Publications - Eversheds
Sutherland. Available at: https://www.eversheds-
sutherland.com/global/en/what/articles/index.page?ArticleID=en/Construction_And_Engineering/Top_t
hree_construction_cases_June_2016. [Accessed 19 June 2019].

 Health & Safety at Work Examples | Case Law | Legal Advice UK. (2019). Health & Safety at Work
Examples. Available at: https://www.casecheck.co.uk/health-and-safety-at-work.html. [Accessed 19
June 2019].

 NECCONTRACT (2019). Deleted BOQ items. Available at: https://www.neccontract.com/NEC-in-

Action/FAQs/Deleted-BOQ-Items [Accessed 17 June 2019]

 NEC3 ECC (2019) is there a provision in the NEC for a Contractor to be paid an advance payment for
a provisional sum item in the boq.? Available at: https://reachback.builtintelligence.com/14088/nec3-
there-provision-contractor-advance-payment-provisional. [Accessed 19 June 2019].

 NEC FAQs - Deleted BOQ Items. (2019). NEC FAQs - Deleted BOQ Items. Available
at: https://www.neccontract.com/NEC-in-Action/FAQs/Deleted-BOQ-Items. [Accessed 17 June 2019].

 Nick Cook. (2019). Different methods of dispute resolution in construction disputes - Goodman Derrick
LLP. Available at: https://www.gdlaw.co.uk/site/blog/sectors-blog/construction-blog/different-methods-
of-dispute-resolution-in-construction-disputes. [Accessed 19 June 2019].

 Personal Injury Case Law & Court Cases UK. (2019). Personal Injury Case Law & Court Cases UK.
Available at: https://www.casecheck.co.uk/m/page4.html. [Accessed 19 June 2019].

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 Provisional Sum Definition. (2019). Provisional Sum Definition. Available
at: http://www.longworthconsulting.co.uk/construction_contracts/provisional_sum.htm. [Accessed 18
June 2019].
 The Constructor. (2019). Alternative Dispute Resolution Techniques in Construction Projects. Available
at: https://theconstructor.org/construction/alternative-dispute-resolution-techniques-construction/15917/.
[Accessed 19 June 2019].

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