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Contract Practice - Coggle Diagram
Contract Practice
Contract Docs
Pricing Doc
Drawing or Specs
amendments
Survey/Info
contract
ER's
CP's
Contract Layout
contract particulars
attestations
articles
conditions
recticles
schedules
articles of agreement
Appropriate Contract Selection
size value & complexity
employer sophistication
type of work required
balance of risk allocation
procurement route
design responsibility
design contract sum
Letter of Intent
should include
contract sum
contract
financial limit
work covered
intention
clear dates
proceedings
pros
programme
safe guard
supreme court
could be binding if close resemblance
parties consider it a contract
safeguard parties
cons
disincentive
less robust
questionable in court
method of instructing MC to start before contract signed
Forming a Contract
acceptance
consideration
offer
certainty of terms
agreement enforcable by law
intent to create legal relations
Contract Type
ICE
PPC 2000
NEC
GC Works
JCT
JCT vs NEC
collaborative approach
time cost implications
defects-correction period 2-3 weeks
legal jargon
versatile - options
Contract Design Portion
MC must PI, copyright license to employer
Schedule 1
B = carry out inc CMT soles
C= resubmit
A = carry out
separate contract with contract design
ER's = what client wants from complete contract & to what standard
What to consider when amending standard forms
could a different contract be used
cross linked clauses
tender costs
lower to conduct changes
Antiquities
become employer property
instruction issued for action
Ancient Monuments & Archaelogical Areas Act
CWs vs Contract Third Party Rights
Contract Third Party Rights
wary = not much case law & JCT now inc provisions
Inc Contract Particulars
act of parliament that provides contractual link to parties not privey to main contract
CW expensive administration costs
CW's
creates a contractual link to parties where there would not normally be any due to privity of contact
for funder, purchaser/tenant, from subble to employer
stated in contract particulars at tender -AR & nature
step in rights - bank & employer
should mirror that of main agreement
Nominated vs Named
Nominated
not in JCT
treated as domestic subbie
client influence selection
but client responsible for perform
need cw in place
Named
MC may reasonably object
MC responsible for performance
client influence selection
named in tender docs
in JCT intermediate
Assignment vs Novation
Assignment
rights & benefits of one contractual party passed to another
not in JCT
Novation
rights & obligation of one contractual party passed to another
not in JCT
novation of design team
problem -- whether new contractual party can take action against breaches before
Employer lose all rights
Standard vs Bespoke
Standard
familiar = know risk
bespoke vatested
save time & money
dont understand risk = not priced accordingly = dispute
standardized terms
Bespoke
alter risk
specific
JCT Framework Agreement
structure for parties to enter into multiple agreements
collaborative approach