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.
The NEC4 Engineering and Construction Contract (ECC) is the main works contract in the NEC4 suite of collaborative, flexible and clearly written contracts for built environment procurement. Buy now.
So, if you ever come across someone referring to a 'JCT contract', it is typically about a standard building contract. These contracts are usually between an 'employer' and a 'contractor' to facilitate a building works project. They set out all of the relevant terms and conditions, including: Obligations of the parties.
The FIDIC suite of contracts. The FIDIC suite of construction contracts is written and published by the International Federation of Consulting Engineers. The FIDIC acronym stands for the French version of the Federation's name (Federation Internationale des Ingenieurs-Conseil).
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.
Document precedence clearly state what happens if one part of the contract contradicts another and which part will take precedence if this occurs.
The priority of documents determines the hierarchy of reference materials in case of discrepancies or ambiguities, offering a roadmap to resolving disputes swiftly and efficiently.
Hierarchy clauses establish the order in which contract documents are referred to, ensuring clarity and reducing disputes over which document holds sway. These clauses are crucial because construction contracts often encompass multiple documents, including specifications, drawings, and general conditions.
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.