Basis for Common Law Claims

The extent of the employer's authority, and particularly the authority of his representative, is particularly important when dealing with common law claims. Statutes are grouped into the primary and secondary legislation. The primary legislation is usually an ‘Act of Parliament’, and the secondary legislation, called a Statutory Instrument, is usually referred to as ‘Regulations’. Terms implied by common law often clarify terms implied by statute or confirm principles that are implied into building contracts. Variation of the contract itself is often mistaken with a variation of the works under that contract – probably because many standard forms of building contract expressly refer to variations and variation clauses. Deferring possession and suspending the works are closely related and most modern building contracts provide a default periods of deferment and suspension that should not be exceeded.