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Examine, with supported cases, the Contractor’s obligations under Common Law.

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Question 1
(a) Examine, with supported cases, the Contractor’s obligations under Common Law.
[5 marks]
(b) Identify the circumstances where these obligations are contrary to the express provisions of
the Standard Form of Building Contract, and also advise the consequences of such differences.
[12 marks]
Question 2
The Standard Form of Building Contract contains a “pay when paid” provision related to the
Nominated Sub-Contractors. Examine the implications of this provision to the (a) Contractor and
(b) Nominated Sub-Contractors.
[16 marks]
Section B (33%) from Dr. Caroline Chan – Attempt ALL questions from this section.
Question 3
Can a Main contractor suspend his site work (not under a demand from the Architect / Employer)?
Under what situations can he do that? Discuss the Contractor’s right of suspending his work with
respect to the surety bond and determination clauses.
[17 marks]
Question 4
Arbitral awards are final and can be challenged on limited grounds only. Discuss the situations
when an arbitral award could be challenged in a construction contract.
[16 marks]

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