Remeasurement contract Definition

GLOSSARY

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What does Remeasurement contract mean?

A contract where the amount to be paid for the work carried out is based on the remeasurement of work after it has been carried out, usually against a schedule of rates contained in the contract.

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NEC contracts—price and payment

NEC contracts—price and payment This Practice Note looks at how payments are made and how the contract price is calculated under the NEC Engineering and Construction Contract (ECC). It provides an overview of how each of the main pricing options operate, how the price for the works is calculated and how the risk of increased costs are shared between the parties. For information on payment under construction contracts more generally, see Practice Notes: Interim payments in construction contracts, Interim payments in construction contracts and The final account in construction and engineering contracts. This Practice Note covers both the NEC3 and NEC4 editions of the ECC. For consistency, the term ‘Client’ is used throughout this Practice Note as this is the term used for the developer/employer in the NEC4 contracts (the NEC3 ECC uses the term ‘Employer’). The term ‘Scope’ is used throughout this Practice Note as per the NEC4 ECC to describe the document which specifies and describes the works which the Contractor is to carry out...

Construction Glossary—R

Construction Glossary—R A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Referral Notice Once a Notice of Adjudication has been given, and a person has been appointed to act as an adjudicator, the dispute must be formally referred to the adjudicator. The 'Referral Notice' is the referral of the dispute in writing to the adjudicator. See Practice Note: Adjudication—the Referral Notice and Precedent: Referral Notice for an adjudication. Referring party The party referring the dispute to adjudication, ie the claimant. Rejoinder The second reply by a responding party in an adjudication, ie in response to the Reply by the referring party. Relevant Event In the JCT form of contract, an event which entitles the contractor to an extension of time in which to complete the works. See Practice Notes: JCT contracts—time andJCT—interpreting the lists of Relevant Events and Relevant Matters. Relevant Matter In the JCT form of contract, an event which entitles the contractor to...

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The JCT Prime Cost Building Contract 2024—what’s changed?

Construction analysis: On 16 October 2024, the Joint Contracts Tribunal (JCT) published the 2024 editions of its Major Project, Constructing Excellence, and Prime Cost Building contracts, along with their associated guides and sub-contracts. In this analysis, we focus on the Prime Cost contract, and look at how it differs from its 2016 equivalent.

In brief: Privy Council considers nature of lump sum contract (Mascareignes v Chang Cheng)

Construction analysis: The Privy Council, on an appeal from the Supreme Court of Mauritius, held that an arbitrator was wrong in law to conclude that a lump sum contract, based on the JCT Standard Form of Contract 1980, had been varied by the parties as a result of significant additional and substituted works so as to become a measure and value contract. The board also considered that the arbitrator was correct to dismiss the employer’s counterclaim for the costs of appointing third parties to carry out certain works—even if the contractor had been in breach, the employer had not identified any loss, ie excess payment over what it would otherwise have paid the contractor. The board further held that the arbitration agreement comprised two separate agreements, which were to be read together in determining the ability to appeal the arbitration award.

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