Course Content:
OVERVIEW
REVIEW OF LEGAL PRINCIPLES OF BUILDING CONTRACTS
• What constitutes a binding contract? Offer, acceptance, counter-offer
• Types of contracts
• The risk of the unforeseen/unknown
• The allocation of risk between the parties
• Essential conditions; procedural matters
• Exchange of letters; letters of intent
• Standard and non-standard forms – advantages and disadvantages
STANDARD FORMS OF CONTRACT APPROPRIATE FOR REFURBISHMENT AND SMALL WORKS
• Overview of the forms available and their use; JCT Minor Works Building Contract (MW) 2005; JCT Intermediate Building Contract (IC) 2005; JCT Prime Cost Building Contract; JCT Repair and Maintenance Contract; JCT Measured Term Contract; NEC3 Short Contract; NEC3 Term Service Contract; TPC 2005.
• Choosing the right form – criteria and problems
DESIGN BY CONTRACTOR
• Incorporating design into refurbishment and small works contracts
• JCT Minor Works Building Contract with Contractor’s Design (MWD), 2005
• Problems and pitfalls
• JCT Intermediate Building Contract with Contractor’s Design (ICD), 2005
JCT PRIME COST BUILDING CONTRACT
• Review of the form, use and applicability; problems and pitfalls
• Advantages/disadvantages of the form
• Provisions dealing with time and money
JCT REPAIR AND MAINTENANCE CONTRACT
• Consider use and applicability
• Problems/benefits of short forms
• Express/implied terms
TERM CONTRACTS (JCT, NEC + TPC)
• Information for tenderers
• Obtaining tenders
• Establishing procedures
• Term Contracts
NEC3 SHORT CONTRACT
• Preparing the documentation
• Contract documents
• The Tender procedures
• Allocation or risk between the Parties
• Administering the Contract
AVOIDING PROBLEMS
• Documentation and procedures
• Amending Standard Forms of Contract
• Non-standard contracts
• Inviting tenders
• Clarifying the work and obligations
• Procedures and consideration; preparing the documentation
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