The ‘must know guide’ to construction contract principles

21 April 2010     Solihull              11 May 2010     Manchester                   22 June 2010     London

RECENTLY REVISED COURSE

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COURSE BACKGROUND

·        This RECENTLY REVISED 1 DAY COURSE will consider the principles of contract law in practice and its application to construction contracts and administration, including an examination of main terms and conditions, sub-contracts, potential problem areas and risk factors to consider.

SPEAKERS’ PANEL

·        The speaker for each course will be from a panel of  Ryland Ash, Jaz Bilkhu and Scott Milner

OVERVIEW

General Principles of Contract

·        What constitutes a binding contract?

·        What is a ‘construction contract’?

·        Offer, tender, quotation, estimate, acceptance, counter-offer; acceptance by conduct

·        Information and documentation to be provided to contractor/sub-contractor – its significance and contractual status

·        When can a tender be revoked?

·        Keeping a tender open

·        Open invitations

·        What are the contractual consequences of revoking a tender?

·        Oral/written agreements

Mistake and Misrepresentation

·        The effect of mistakes and misunderstandings

·        The nature of misrepresentations and pre-contract statements

·        Errors in pricing/scope

Contract Terms and Conditions

·        Express/implied terms

·        Unfair contract terms

·        Terms implied by statute – Sale of Goods, Supply of Goods and Services, ‘The Construction Act` 1996, ‘Third Parties Act’ 1999

·        Essential conditions that are desirable for both parties

·        Standard forms of building contract – advantages and desirability

·        Problems of non-standard forms of contract

·        Different contractual arrangements – allocation or commercial risk

·        Choose the right contractual arrangement

Sub-contractors, Suppliers and Third Parties

·        The contractual chain

·        Assignment and novation – when appropriate

·        Sub-contracts, named/nominated sub-contractors – risk and responsibility

·        Concept and philosophy of sub-contracting; principal sub-contract conditions

·        Suppliers

PROBLEM AREAS

·        Practical completion

·        Slow/no progress

·        Force majeure and the implications

·        Extensions of time

·        Late payment

·        Finance/Interest: late payment of Commercial Debt (Interest) Act, 1998 and contract provisions

·        Ownership of goods and materials

ELEMENTS OF LIABILITY

·        What are common law damages and how are they assessed?

·        Liquidated damages or general damages for delayed completion?

·        Provisions in standard forms of contract for recovery of loss and expense

·        Claims at common law

·        Design liability – standards and allocation

·        Limitation of action

·        Cause and effect

·        Defects – latent/patent/correction

·        Defects liability period

TERMINATION

·        How a contract can be terminated

·        Rights of the parties on termination

·        Importance of understanding obligations and responsibilities of the parties

Mediation, Adjudication, Arbitration, Litigation