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

Quiz

•

Architecture

•

Professional Development

•

Practice Problem

•

Hard

CBE QS

FREE Resource

Evaluate responses using AI:

OFF

Access all questions and much more by creating a free account

Create resources

Host any resource

Get auto-graded reports

Continue with Google

Continue with Email

Continue with Classlink

Continue with Clever

or continue with

Microsoft

Apple

Others

Already have an account?

Similar Resources on Wayground

36 questions

PRITZKER 1979-1989

Quiz

•

Professional Development

40 questions

150-200 4W5

Quiz

•

Professional Development

38 questions

Lime

Quiz

•

Professional Development

34 questions

ARC MOCK UP 1

Quiz

•

Professional Development

34 questions

Flower Identification

Quiz

•

KG - Professional Dev...

37 questions

BUILDING TECH FEBRUARY 22, 2021

Quiz

•

University - Professi...

Popular Resources on Wayground

8 questions

2 Step Word Problems

Quiz

•

KG - University

20 questions

Comparing Fractions

Quiz

•

4th Grade

15 questions

Fractions on a Number Line

Quiz

•

3rd Grade

20 questions

Equivalent Fractions

Quiz

•

3rd Grade

25 questions

Multiplication Facts

Quiz

•

5th Grade

10 questions

Latin Bases claus(clois,clos, clud, clus) and ped

Quiz

•

6th - 8th Grade

$fractions$

22 questions

fractions

Quiz

•

3rd Grade

7 questions

The Story of Books

Quiz

•

6th - 8th Grade

Discover more resources for Architecture

10 questions

How to Email your Teacher

Quiz

•

Professional Development

20 questions

Block Buster Movies

Quiz

•

10th Grade - Professi...

15 questions

State Capitals

Quiz

•

Professional Development

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?

Access all questions and much more by creating a free account

Similar Resources on Wayground

Popular Resources on Wayground

Discover more resources for Architecture