A more important problem with the theory is that it is easy to exclude the poor, the dispossessed, the homeless, and the uneducated. These members of a society may not know the rules intended to govern member's behavior and do not benefit from the social contract.
JCT contracts don't specify remedies for common issues. They rely on existing case law precedents to find a resolution. This can be complex and time-consuming, and seriously impact project timelines.
The employer must provide drawings together with a description of works, and either a specification or work schedules at tender stage. The project is generally not complex enough to require bills of quantities.
The term 'without quantities' refers to a construction contract or tender documents that do not include specific measured quantities of the items of work identified by the drawings and specifications. It can be used on projects where it is not possible to prepare a bill of quantities (BOQ) at the time of tendering.
Below, we'll go into more detail about each one-line aspect that could mean that your organization's contract process isn't working properly: No central storage location/no contract reporting. Friction between teams. Overloaded legal department. Long and opaque contract cycles. Lack of overview and missed contract deadlines.
JCT contracts are known for being highly prescriptive. Although the standardised format may provide clarity, it can also limit flexibility. Each JCT contract is structured around a specific set of terms and clauses, which may not suit every project's unique needs or challenges.
Saves time: by streamlining and simplifying the process. Comprehensive: JCT contracts are thorough documents, covering most potential issues and reducing the risk for the employer should their contractor's quality of work be inadequate or not delivered to the agreed time.
Clause 4.11 – In the event of non-payment or non-compliance with the above-mentioned Clauses, the Contractor has the right to suspend works and the process for doing so is explained in this Clause.
A legally enforceable contract must include an offer, acceptance, consideration, capacity, legality, and mutual assent.
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.