Question: QUESTION ( 1 1 ) A contractor is invited to submit his price for a project to be carried out under an amended version of

QUESTION (11) A contractor is invited to submit his price for a project to be carried out under an amended version of JCT16 Standard Building Contract. The amendments affect the payment clause and the extension of time provisions. The contractor submits his price but says that he cannot agree to the amendments to the standard form contract. The contractor also suggests that NEC4 option C (un-amended) is a more appropriate form of contract. 10 days later the contractor receives a letter of intent asking them to proceed with the works immediately whilst the precise terms of contract are being negotiated. Three months later the parties eventually agree the terms of the contract and an amended version of JCT16 SBC is signed. A dispute then arises as to what, if any, terms of contract apply to the work carried out in the three months prior to signing the contract. Which following statement is correct? a. Quantum meruit applies b. JCT16 Standard Building Contract (un-amended) applies c. The negotiated amended version of JCT16 SBC applies d. NEC4 Option C applies e. Fair rates and prices apply

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