Standard Form Contracts are agreements that employ standardised, non-negotiated provisions, usually in pre-printed forms. These are sometimes referred to as 'boilerplate contracts', 'contracts of adhesion', or 'take it or leave it' contracts.
At a greater level of detail, JCT provides a number of subjective tests for determining if certain events give grounds for recompense to the contractor, whereas NEC generally relies on more objective tests.
A standard form contract (sometimes referred to as a contract of adhesion, a leonine contract, a take-it-or-leave-it contract, or a boilerplate contract) is a contract between two parties, where the terms and conditions of the contract are set by one of the parties, and the other party has little or no ability to ...
Singapore predominantly uses lump-sum contracts. As many domestic projects are for building works, these are mostly tendered on a 'build-only'/'construct-only' procurement model, followed by 'design and build' procurement models where the contractor's specialist experience is more critical.
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.
The most commonly used standard forms of contract in Singapore are the Singapore Institute of Architects (“SIA”), Real Estate Developers' Association of Singapore (“REDAS”) and Public Sector Standard Conditions of Contract (“PSSCOC”) standard form contracts.
There are three main types of contract that use the SIA Conditions, namely: the Lump Sum Contract; Measurement Contract; and. Minor Works Contract.
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.
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.
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.