Contract Practice - principles of Law

Frage	Antworten
What 6 conditions need to be met for a contract to be in place?	1. offer 2. acceptance 3. consideration for offer 4. intent to form a contract 5. legality of contract 6. capacity to make a agreement
what are common contract documents?	1. conditions of contract and any amendments to standard forms 2. preliminaries 3. contract sum analysis 4. drawings 5. specifications 6. ext building info 7. any contractors proposals for CDP works
who needs to understand the contract?	all parties in the contract inc. the employer, DT, consultants, contractor and those involved who are not mentioned
What are the main suites of construction contract?	JCT NEC3 ICE7 GC Works FIDIC
What does JCT stand for?	Joint Contracts Tribunal
What does NEC stand for?	New Engineering Contract
what does FIDIC stand for?	Federation internationale des ingenieurs-conseils (international federation for consulting engineers)
What does ICE stand for?	Institution of Civil Engineers
Who publishes GC Works/ suite of contracts?	PACE Property Advisors to the Civil Estate
What are the main parts of the JCT contract?	Recitals Articles Contract particulars attestation conditions (9 parts) Schedules
name the main types of JCT contracts	minor intermediate standard building contract major projects design and build prime cost contract measured term contract construction management agreement management contract framework agreement
what different types are there of standard buidling contract	three types: with quants. without quants. with approx. quants.
when would you use JCT minor works?	projects short in duration, small and simple value up to £150,000 short, easy to follow contract lump sum form , design should be completed prior to execution
When would you use JCT intermediate contract?	recommended for projects that do not exceed a yrs duration projects that r simple, require basic skills & trades and where services are not complex and already designed
when would you use JCT SBCQ	the work is already designed there is a BQ its a lump sum contractors risk is limited to price only the employer takes the risk of errors in the bill
when do you use JCT SBCXQ?	work has been designed bu there is no BQ contract documents will include drawings, spec. and schedule of rates lump sum contractors risk includes both price and quantity
when would you use JCT major works?	projects that are significant in size and complexity/ quantity generally for clients that they have their own in house contractual proceudures
When would you use JCT D&B?	when contractor is responsible for design and construction similar complexity to the sbc contracts the contractors proposals form the basis of the contract there is no mention of an architect or QS
When would you use a prime cost contract?	broadly based on the provisions of the SBC contractor is paid the cost of carrying out the work + fee to cover OH&P might be used if another contractor is hired to complete the works after an insolvency the emp. bears the maj of the financial risk the total cost is unknown until completion
when would you use a JCT measured term contract?	where the employer requires maintenance/ minor works 2 b undertaken on a regular basis conctract agreed on a sch. of rates con b let on fixed or fluctuating basis contains break provisions for terminating the contract early.

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