ANGUILLA Law and Practice Contributed by: Nina Rodriguez, Webster Legal
7.3 Management of Construction Risk An indemnification clause indicating that indem - nification shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the contractor, and subcontractor, or sub-subcon - tractor, is usually included in the agreement. Warranties are also included in the agreement. A Contractor’s All Risk Insurance Policy and Workmen’s Compensation Policy are also required. The devices are only limited by the terms of the agreement, so long as there is no contravention of the applicable statute, or policy. 7.4 Management of Schedule-Related Risk In the schedule, tasks are assigned by creat - ing a work/task schedule and creating a chart to measure progress. 7.5 Additional Forms of Security to Guarantee a Contractor’s Performance Large investment projects would require perfor - mance bonds. As most construction projects are conducted on a task-related staged payment basis with the funds being provided by the owner, whether directly or by loan, additional performance secu - rity is not required. 7.6 Liens or Encumbrances in the Event of Non-payment Contractors and/or designers are not permitted to lien or otherwise encumber a property in the event of non-payment; a claim is required to be filed.
to a maximum of 5% of the value of the leased property. The registration fee is USD37.20. 6.21 Forced Eviction A tenant can be evicted in the event of a default prior to the date originally agreed. A notice to quit giving 30 days from the date of service of the notice is usually issued. If the tenant does not leave the property after that time has passed, then an application can be made to the Magistrates’ Court. The process could take several months. There are no known eviction moratoriums. 6.22 Termination by a Third Party While it is unprecedented for a lease agreement to be terminated by a third party, it is possible in certain circumstances, such as when the gov - ernment claims the property for public purposes. 6.23 Remedies/Damages for Breach While there are no statutory limitations on dam - ages that a landlord may claim, there is a limita - tion period of six years. Typically, landlords will request a cash security deposit equivalent to one or two months’ rent. 7. Construction 7.1 Common Structures Used to Price Construction Projects The most common structure used to price con - struction projects is the cost of the work (gener - ally measured per square foot). 7.2 Assigning Responsibility for the Design and Construction of a Project Usually a request for tender is made. Once the selection is made, the assignment of responsi - bility is a matter of contract.
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