Course Content:
OVERVIEW
REVIEW OF LEGAL PRINCIPLES OF BUILDING CONTRACTS
What is a contract? Offer, acceptance, counter-offer
Types of contractual arrangements
The risk of the unforeseen/unknown
The allocation of risk between the parties
Essential conditions; procedural matters
Letters of intent
Standard and non-standard forms advantages and disadvantages
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
Setting up the Contract
Qualified Tenders
Setting the scope and time
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 2006; JCT Repair and Maintenance Contract 2006; NEC3 Short Contract
Choosing the right form criteria and problems
JCT MINOR WORKS BUILDING CONTRACT (MW) 2005
Use and applicability
Advantages/disadvantages of Form
Content and preparation
JCT INTERMEDIATE BUILDING CONTRACT (IC) 2005
Use and applicability
Advantages/disadvantages of Form
Content and preparation
DESIGN BY CONTRACTOR
Incorporating design into refurbishment and small/medium works contracts
JCT Minor Works Building Contract with Contractors Design (MWD), 2005
JCT Intermediate Building Contract with Contractors Design (ICD), 2005
Problems and pitfalls
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
NEC3 SHORT CONTRACT
Preparing the documentation
Contract documents
The Tender procedures
Allocation of risk between the Parties
Administering the Contract
TERM CONTRACTS (JCT, NEC + TPC)
JCT Measured Term
TPC 2005
NEC Term Service Contract and Short Term Service Contract
Information for tenderers
Obtaining tenders
Establishing procedures
Term contracts
Risks of the unknown location, quality, scope, content etc
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