This chapter contains section titled:

• Where a contractor/subcontractor whose tender is successful receives a letter of intent, is he at risk in commencing work or ordering materials or carrying out design? If the project is abandoned before a contract is signed will there be an entitlement to payment?

• What obligation does a contractor, subcontractor or supplier have to draw attention to onerous conditions in his conditions of sale?

• Are there any restrictions on an architect/engineer's powers where the specification calls for the work to be carried out to the architect/engineer's satisfaction?

• If an estimate prepared by an engineer or quantity surveyor proves to be incorrect can the employer claim recompense?

• When defects come to light after the architect/engineer has issued the final certificate, does the contractor/subcontractor still have a liability or can he argue that once the certificate has been issued the employer loses his rights?

• Where a nominated subcontractor becomes insolvent after the nominated subcontract works have been completed, will the architect/engineer be required to nominate another subcontractor to remedy the defects with the employer bearing the cost, or will the main contractor ‘pick up the bill’?

• Can the contractor in his order form impose conditions that take precedence over any conflicting conditions referred to in the subcontractor's acceptance?

• Who is responsible if damage is caused to a subcontractor's work by person or persons unknown - the subcontractor, contractor or employer?

• How is the term ‘regularly and diligently’ as used in the standard forms of contract to be defined?

• Are there any circumstances under which a contractor/subcontractor could bring an action for the recovery of damages against an architect/engineer for negligence?

• What is a contractor's liability to the employer for failing to follow the specification where it is impractical to take down the offending work?

• Do retention of title clauses still protect a supplier or subcontractor where a main contractor becomes insolvent or have there been cases which throw doubt on their effectiveness?

• Can the signing of time sheets which make reference to standard conditions of contract form the basis of a contract?

• Can suppliers rely upon exclusion clauses in their terms of trading to avoid claims for supplying defective goods or claims based on late supply?

• What level of supervision must an architect provide on site?

• Where a specification includes a named supplier ‘or other approved’, can the architect/engineer refuse without good reason to approve an alternative supplier proposed by the contractor/subcontractor?

• If a subcontractor is falling behind programme and in danger of completing late due to his own inefficiencies, can the contractor bring other labour onto the site to supplement the subcontractor's efforts to ensure completion on time?

• Where a contract requires the parties to act in good faith, is it enforceable?

• Can parties to a dispute be forced to submit the matter to mediation?