Essay about How Building Contracts are Administered

A contract is an official agreement between two parties. There are different types of contract, such as sale and purchase of a business agreement, partnership agreements, lease of business premises, lease of plant and equipment and employment agreements. The format can vary too. It can be face to face, written, or distance selling. The specifications of a contract involve offer and acceptance, the intention to create legal relations, lawful considerations, capacity and legal formalities such as terms and conditions.

Contract law has set out to provide a healthy trade environment. Contracts are promises enforced by the law, with the support of something of value that has a legal purpose. It is an agreement between parties, formed by the elements: offer and acceptance, with all parties having the capacity to perform obligations enforceable by law. There are instances where the enforcement of a contract would bring about gains or losses to society and commerce.

The MW-1 2003 Contract was developed and published by the Royal Australian Institute of Architects (RAIA) and the Master Builders Association (MBA). This contract is the revised edition of the original ABIC MW-1 2001 contract

A contract is an exchange of promises or a promise in exchange for performance, for breach of which the law gives a remedy, per Restatement 2nd of Contracts §1. For the contract to be valid there has to be mutual assent, parties mutually agree upon the same specific thing. Per Restatement 2nd of Contracts §54, there are two types of contracts: unilateral, where acceptance is by performance, and bilateral, where there is an exchange of mutual promises and both of the parties have the rights and duties.

Contract comes into existence when both parties (offeror and offeree) have agreed terms in negotiations. The contract becomes binding when there is an agreement from both sides. It is not effective until there is communication.

1. Name and briefly describe each of the two basic types of competitively bid construction contracts. Which type would be most likely used for building the piers to support a large suspension bridge. Why?

The landowner's liability would be determined by several factors: 1. Did the landowner fulfill its duty to warn? 2. Did the landowner know of any dangers? 3. Did the landowner take reasonable precautions to correct any safety issues? If the landowner did not meet these requirements, then the landowner would be held liable. "A landowner's duty to a business invitee to exercise reasonable care in guarding against a dangerous condition may be satisfied by either correcting the condition, or, in those circumstances where it is reasonable

The contract is an agreement that is given the full force by the law. It has been further defined as legally binding agreement between two or more parties negotiating and agreeing to a deal, under which both of the sides are bounded by the terms of that agreement. In its nature, the contract is a promise or set of the promises which is essentially commercial and is involving either sale or hire of the commodities. Contract are the base for performing business, and the laws on this matter are clear and designed to enforce the rights, but also responsibilities of all the parties to the contractual agreement. The contract law is the scope of law which recognizes and governs those rights, responsibilities and duties arising from the concluded agreement.

Due to the different roots of the two systems, the definition of a contract, as well as its formation, differ between contract law in Common Law Jurisdictions and in Civil Law Jurisdictions (France). The Common Law views contracts as bargains, exchange, a simple agreement has no binding force. It is mainly concerned with forecasting the impact and the binding legal consequences of a party’s promise. The structure or purpose of the contract is not as important as knowing whether the promise of performance that the contract is based upon is enforceable.

A contract is an agreement made with an intention of legal rights and obligations which the law will enforce. It contains the agreement, consideration and intention. It also have some other things to consider, like capacity of parties, genuine consent or legality of object.

It is the opinion of this essay that this could be an effective method in combating the breaching of any Health and Safety rules; strict liability may allow enforcement agencies to ‘Strengthen their position’ (Roe, p.211.1) as potential offenders are aware that if any prosecution is brought against them, there is a good chance of conviction, due to the nature of strict liability. Elliot and Quinn (p.33.1) tell us that ‘strict liability makes enforcing offences easier.’ In Gammon (Hong Kong) Ltd v A-G (1985), the defendants were involved in building

In order for a contract to be formed, there are various requirements. These are offer, acceptance, consideration, and the intention to create legal relations. A contract may also be terminated.

Contract is defined as a promise that is enforceable by law. It may be in respect of doing something or refraining to do something. It requires mutual assent of both the parties that is one who is making the offer and the one to whom the offer is made and thus, if one party fails to keep the said promise the other party has the right to claim damages for the same. Contracts in which the Central or State government are a party to a contract are defined as “Government Contracts”.

1. For the following types of undertakings, which contract modes are most appropriate? Be prepared to explain the rationale behind your choice.

Entire contract principle is an understanding and agreement that has always been a concern of many parties in the construction world. Construction activity is activities that constitute a complete unity and hard to be done partially. A variety of factors make a construction contract different from most other types of contracts. These include the length of the project, its complexity, its size and the fact that the price agreed and the amount of work done may change as it proceeds. In Gilbert-Ash (Northern) Ltd v Modern Engineering (Bristol) Ltd [1974] AC 689 at 717 Lord Diplock described a building contract as an entire contract for the sale of goods and work and labor for a lump sum