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.
Minnesota's statute of repose prohibits suing a contractor for most construction defects after between 10-12 years after the home is substantially completed. First, the statute provides that a claim can be asserted only for causes of action that “accrue” during the 10 years after the home is substantially completed.
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 legally enforceable contract must include an offer, acceptance, consideration, capacity, legality, and mutual assent.