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.
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.
How To Write A Construction Contract With 7 Steps Step 1: Define the Parties Involved. Step 2: Outline the Scope of Work. Step 3: Establish the Timeline. Step 4: Determine the Payment Terms. Step 5: Include Necessary Legal Clauses. Step 6: Address Change Orders and Modifications. Step 7: Sign and Execute the Contract.
Ing to Boundy (2012), typically, a written contract will include: Date of agreement. Names of parties to the agreement. Preliminary clauses. Defined terms. Main contract clauses. Schedules/appendices and signature provisions (para. 5).
The best practices for effective contract management in construction include establishing clear communication and documentation procedures, regularly reviewing and updating the contract management plan, tracking project progress, and addressing issues promptly to avoid disputes.
The preparation of construction contracts and the organisation of the project must be based on a strategic analysis of the requirements for project success and the challenges that might be encountered. What is project success? there are no material unresolved claims that require dispute resolution.