Lesson Summary. A contract is a legal agreement between two or more parties in which they agree to each other's rights and responsibilities. Offer, acceptance, awareness, consideration, and capacity are the five elements of an enforceable contract.
If your project has a well-defined scope of work, a lump sum contract is a straightforward solution since contractors should be able to accurately estimate costs. If the project scope is unclear, contractors can bid with time and materials contracts to mitigate risk.
A contract will only be legally binding upon the contracting parties if the following requirements are complied with: consensus, contractual capacity, certainty, possibility, legality and formalities. 39 The above requirements will be discussed next. 39Para 1 1 above.
To be legally enforceable, an agreement must contain all of the following criteria: An offer and acceptance; Certainty of terms; Consideration; An intention to create legal relations; Capacity of the parties; and, Legality of purpose.
A standardized contract, also known as a standard form contract, is an agreement between two parties where one party sets the terms and the counterparty has little or no ability to change them.
The Intermediate Contract is less detailed than the Standard Building Contract but more detailed than the Minor Works Building Contract, and therefore, it is suitable for Intermediate complexity level projects.
Due to the nature of their work and the fact they are perceived as highly-skilled and possess the correct specific skills and experience, contractors can typically demand a higher salary - the figure is roughly reported as being 15% more in comparison to a permanent employee.
The JCT Standard Building Contract is designed for large or complex construction projects where detailed contract provisions are needed. Standard Building Contracts are suitable for projects procured via the traditional or conventional method.
What is a standard form contract? While many contracts are entirely purpose made, standard form contracts consist of standardised, pre-written terms and conditions. Because standard form contracts are familiar to people in an industry, they often function effectively without the need for much negotiation.