Reasonable objection - Revision history

Designing Buildings at 07:34, 17 February 2021

2021-02-17T07:34:23Z

← Older revision		Revision as of 07:34, 17 February 2021
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	* Supplier.		* Supplier.

−	[[Category:~~Definitions~~]] [[Category:~~DCN_Definition~~]] [[Category:Contracts_/_payment]]	+	[[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:Definitions]] [[Category:Contracts_/_payment]]

Editor at 12:25, 6 December 2019

2019-12-06T12:25:47Z

← Older revision		Revision as of 12:25, 6 December 2019
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	In McAlpine Humberoak Limited v McDermott International, [1992] it was established that even in a situation where the extra works involved substantial changes, they did not necessarily alter or transform the identity of the contract. Therefore, the contractor (in this case for an offshore installation) was bound to the original contract and the objection overruled.		In McAlpine Humberoak Limited v McDermott International, [1992] it was established that even in a situation where the extra works involved substantial changes, they did not necessarily alter or transform the identity of the contract. Therefore, the contractor (in this case for an offshore installation) was bound to the original contract and the objection overruled.

−	~~In the 2011~~ JCT Standard Building Contract Without Quantities, clause 5.1.2, made clear that the right of reasonable objection relates to employers making changes to:	+	The 2016 JCT Standard Building Contract Without Quantities, clause 5.1.2, made clear that the right of reasonable objection relates to employers making changes to:

	* Site access.		* Site access.
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	* Changes to the specific order of the works.		* Changes to the specific order of the works.

−	Clause 5.1.1, made clear that the following do allow a right of reasonable objection:	+	Clause 5.1.1, made clear that the following allow a right of reasonable objection:

	* Changes to the design, quality or quantity of the works.		* Changes to the design, quality or quantity of the works.
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	* Supplier.		* Supplier.

−	[[Category:Definitions]] [[Category:Contracts_/_payment]]	+	[[Category:Definitions]] [[Category:DCN_Definition]] [[Category:Contracts_/_payment]]

Designing Buildings at 12:19, 6 December 2019

2019-12-06T12:19:34Z

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	= Introduction =		= Introduction =

−	A reasonable objection to a state of affairs is to object to or ~~refute~~ to agree to carry out a particular task under instructions or an order – and having valid reasons for doing so. A person may object to being ordered to fight for ~~his~~ country on the grounds of being a pacifist~~. This can be construed as a reasonable objection~~.	+	A reasonable objection to a state of affairs is to object to or refuse to agree to carry out a particular task under instructions or an order – and having valid reasons for doing so. For example, a person may object to being ordered to fight for their country on the grounds of being a pacifist.

	= Construction =		= Construction =
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	* The construction process generally.		* The construction process generally.
	* Major variations.		* Major variations.
		+	* The work of consultants subcontractors and suppliers.

−	This is why ~~JCT contractors~~ and sub-~~contractors~~ can, in certain circumstances, raise ~~a reasonable~~ objection to a variation order~~. A contractor may~~ have grounds ~~for a reasonable objection (see below)~~.	+	This is why some contracts and sub-contracts (such as JCT contracts) can, in certain circumstances, allow the contractor / subcontracator to raise an objection, such as to a variation order, if they have reasonable grounds.

−	A typical example ~~occurs~~ where the client (employer) selects a sub-contractor with particular expertise, while leaving responsibility for their performance with the main contractor. Where the selected subcontractor was not pre-named in the contract (and is therefore now post-named) the contractor is able to raise reasonable objection within ~~seven~~ days.	+	A typical example might be where the client (employer) selects a sub-contractor with particular expertise, while leaving responsibility for their performance with the main contractor. Where the selected subcontractor was not pre-named in the contract (and is therefore now post-named) the contractor is able to raise reasonable objection within a certain time limit (often 7 days).

	The grounds upon which a contractor may raise reasonable objection include:		The grounds upon which a contractor may raise reasonable objection include:
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	* The programme is deemed to be unreasonable.		* The programme is deemed to be unreasonable.

−	~~Past variations where they have been~~ substantial ~~and~~ have changed the identity of the contract or even negated it completely have given contractors the right to reasonable objection, ~~as long as~~ an additional sum for the works could not be agreed on. However, this may no longer be as certain to succeed ~~as it was in the past~~, thanks to a legal precedent from the 1990s.	+	In the past, substantial variations that have changed the identity of the contract or even negated it completely have given contractors the right to reasonable objection, if an additional sum for the works could not be agreed on. However, this may no longer be as certain to succeed, thanks to a legal precedent from the 1990s.

−	In McAlpine Humberoak Limited v McDermott International, [1992]) it was established that even in a situation where the extra works involved substantial changes, they did not necessarily alter or transform the identity of the contract. Therefore, the contractor (in this case for an offshore installation) was bound to the original contract and ~~his~~ objection overruled.	+	In McAlpine Humberoak Limited v McDermott International, [1992] it was established that even in a situation where the extra works involved substantial changes, they did not necessarily alter or transform the identity of the contract. Therefore, the contractor (in this case for an offshore installation) was bound to the original contract and the objection overruled.

−	In the 2011 Standard Building Contract Without Quantities, clause 5.1.2, ~~it is~~ made clear that the right of reasonable objection relates to employers making changes to:	+	In the 2011 JCT Standard Building Contract Without Quantities, clause 5.1.2, made clear that the right of reasonable objection relates to employers making changes to:

−	* Site access	+	* Site access.
−	* Limitations on working space	+	* Limitations on working space.
−	* Limitations on working hours	+	* Limitations on working hours.
	* Changes to the specific order of the works.		* Changes to the specific order of the works.

−	~~Under 2011 Standard Building Contract Without Quantities, clause~~ 5.1.1, the following do ~~not have~~ a right of reasonable objection:	+	Clause 5.1.1, made clear that the following do allow a right of reasonable objection:

	* Changes to the design, quality or quantity of the works.		* Changes to the design, quality or quantity of the works.
−	* Changes to the kind or standard of materials or goods	+	* Changes to the kind or standard of materials or goods.
	* Removal from the site of work or materials that are not defective.		* Removal from the site of work or materials that are not defective.

Editor: Created page with "= Introduction = A reasonable objection to a state of affairs is to object to or refute to agree to carry out a particular task under instructions or an order – and having val..."

2019-12-04T18:16:25Z

Created page with "= Introduction = A reasonable objection to a state of affairs is to object to or refute to agree to carry out a particular task under instructions or an order – and having val..."

New page

= Introduction =

A reasonable objection to a state of affairs is to object to or refute to agree to carry out a particular task under instructions or an order – and having valid reasons for doing so. A person may object to being ordered to fight for his country on the grounds of being a pacifist. This can be construed as a reasonable objection.

= Construction =

In construction, risks abound and, in many cases, it is the contractor who has to shoulder them. Typically, contractors face risks such as:

* Unknown or unknowable ground conditions.
* Delays not requiring an extension of time, e.g weather-related.
* Responsibilities for surveying previous work or existing structures.
* The construction process generally.
* Major variations.

This is why JCT contractors and sub-contractors can, in certain circumstances, raise a reasonable objection to a variation order. A contractor may have grounds for a reasonable objection (see below).

A typical example occurs where the client (employer) selects a sub-contractor with particular expertise, while leaving responsibility for their performance with the main contractor. Where the selected subcontractor was not pre-named in the contract (and is therefore now post-named) the contractor is able to raise reasonable objection within seven days.

The grounds upon which a contractor may raise reasonable objection include:

* The specialist has a poor safety record.
* There are reasonable grounds for believing that the specialist may not be financially secure, solvent, reliable or technically competent.
* The tender sum is not believed to be financially viable.
* The programme is deemed to be unreasonable.

Past variations where they have been substantial and have changed the identity of the contract or even negated it completely have given contractors the right to reasonable objection, as long as an additional sum for the works could not be agreed on. However, this may no longer be as certain to succeed as it was in the past, thanks to a legal precedent from the 1990s.

In McAlpine Humberoak Limited v McDermott International, [1992]) it was established that even in a situation where the extra works involved substantial changes, they did not necessarily alter or transform the identity of the contract. Therefore, the contractor (in this case for an offshore installation) was bound to the original contract and his objection overruled.

In the 2011 Standard Building Contract Without Quantities, clause 5.1.2, it is made clear that the right of reasonable objection relates to employers making changes to:

* Site access
* Limitations on working space
* Limitations on working hours
* Changes to the specific order of the works.

Under 2011 Standard Building Contract Without Quantities, clause 5.1.1, the following do not have a right of reasonable objection:

* Changes to the design, quality or quantity of the works.
* Changes to the kind or standard of materials or goods
* Removal from the site of work or materials that are not defective.

= Related articles on Designing Buildings Wiki =

* Construction contracts.
* Contract conditions.
* Extension of time.
* Joint Contracts Tribunal.
* Named specialist work.
* Named subcontractor.
* Nominated subcontractor.
* Subcontractor.
* Supplier.

[[Category:Definitions]] [[Category:Contracts_/_payment]]