Construction law Essay Example | Topics and Well Written Essays - 1000 words - 1

Construction law - Essay role modelSpelling out the rights and responsibilities of the various parties thus becomes very difficult, because the main arrangement may exist mingled with the client and the avower, but may non take into account the rights of the other third parties. It may not also adequately represent the rights of the client if there is a violation by the third parties in question.Collateral contracts are required in construction contracts, where subcontractors perform services for the main contractor earlier than the customers themselves and their rights need incorporation into construction agreements. Collateral contracts in effect, establish a connection between parties such as the client and the subcontractors who would not otherwise enter into a direct contractual relationship.When a contractor expresses an intent to utilize the services of a particular subcontractor, who commences work on this basis, it will be authorize to take legal action if the contra ctor fails to fulfil any of the implied legal injury, even if no formal contract exists. In the case of British Steel Corporation v Cleveland Bridge and Engineering Co Ltd (1984)1, the tap held that there was no true agreement between the parties, but the claimants were entitled to recover certain payments delinquent to them on a quantum meruit basis2 and the defendants counter claims were not entertained.Collateral warranties are required to counteract the difficulty associated with establishing a liability in tort when a construction contract is in place as verbalize by Lord Scarman, Their Lordships do not believe there is anything to the advantage of the law in search for a liability in tort where the parties are in a contractual relationship.3 The goal to which the Courts could apply duty of care and the tort of negligence would be circumscribed within the contractual terms and