What the advantages of standard forms over bespoke contracts?

– greater consistently in application and fewer unforeseen anomalies

- Parties familiar with the provisions in the form

- Risks allocated equitably between the parties

- clearly set outRights and obligations of each party to the required level of detail

What are the disadvantages of standard forms over bespoke contracts?

- Apportionment of risks is rarely questioned and therefore becomes implicit – not taken account of

- amendments decreased familiarity as rarely used as printed

- May not be appropriate to the needs of a particular project or client

- Using an inappropriate standard form for the project will cancel out advantages

When would use a bespoke contract rather than a standard form?

- Generally used for major projects with novel obligations

- Drafting them needs great skill and knowledge

- Drafting from first principles is too daunting for most in the industry

What are common contract documents?

- any amendments to standard forms

What are the main parts of the JCT contracts?

A - Articles of Agreement (the employer/the contractor)

R - Recitals (works to be carried out/drawings listed/ design and construction of...)

A - Articles (lists various parties involved)

C - Contract Particulars (part 1: General / part 2:3rd party rights/CW)

A - Attestation (underhand or under deed)

What are the difficulties associated with contract amendments?

- Contracts drafted in line with HGRA to include suitable provisions for payments and dispute resolution.

- amendments could cause provision to contravene the act and then the statutory instrument known as the Scheme for Construction Contracts defaults into place.

What is the Scheme for Construction Contracts?

- applies when construction contracts do not comply with the Housing Grants, Construction and Regeneration Act.

- either supplements the provisions of the contract where it has deficiencies relative to the requirements of the HGCRA

- or replaces the contract where it is non-compliant.

This enables construction contracts to: - remain capable of performance, - whilst allowing regulatory control over their provisions.

What is Contra Proferentem ?

- Contra proferentem is a rule of construction applying to written documents or deeds.

- Where a party modifies a clause the rule is it is their responsibility to make the wording clear and so they should lose out if there is ambiguity (or uncertainty).

What are the different sections of the 'Contract Conditions'?

3) Section 3 - Control of the Works

2) Section 2 - Carrying out the Works

1) Section 1 - Definitions and Interpretation

What is included under each Contract Condition Section?

1) Section 1 - Definitions and Interpretation

2) Section 2 - Carrying out the Works - Contractor's Obligations - Possession - Supply of Documents, Setting Out etc. - Error, Discrepencies and Divergences - CPD Design Work - Unfixed Materials and Goods - property, risk etc - Adjustment of Completion Date - Practical Completion, Lateness and Liquidated Damages - Partial Possession by Employer - Defects - Contractor's Design Documents

3) Section 3 - Control of the Works - Access and Representatives - Sub-Contracting - Architect/CA's Instructions - CDM Regs

4) Section 4 - Payment - Contract Sum and Adjustments - Payments, Certificates and Notices - Gross Valuation - Retention - Fluctuations - Loss and Exp

Contract Practice Quiz - 1

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Architecture

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Professional Development

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Hard

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Contract Practice Quiz - 1

36 questions

Purpose of Contracts/relevance in Construction Industry;

Different forms of Contracts available;

How to select the appropriate form of contract - elements that affect this.

Interplay between Procurement and Contracts

Key contract provisions including amendments;

Contract procedures (at various stages) and the impacts;

Warranties & Bonds;

Relevant Events and Relevant Matters.

What are the key topics to know for up to Level 3 of RICS APC Contract Practice?

What are the factors that contribute to project success?

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