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.
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.
A legally enforceable contract must include an offer, acceptance, consideration, capacity, legality, and mutual assent.
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.
The Standard JCT Contract is drafted to suit larger works, or works of a complex nature that involve a high degree of building services or specialist work and its drafting to include provisions allowing: for the contractor to design discrete parts of the works. works to be carried out in sections.
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.