The ‘must know guide’ to construction contract principles

COURSE BACKGROUND
This 1 DAY COURSE will consider the principles of contract law in practice and their application to construction contracts and administration, including an examination of main terms and conditions, sub-contracts, potential problem areas and risk factors to consider.

SPEAKERS’ PANEL
The speaker for each course will be from a panel of Ryland Ash, Peter Ormston and Michael Rowlinson

OVERVIEW
General principles of contract
• What constitutes a binding contract?
• What is a ‘construction contract’?
• Offer, tender, quotation, estimate, acceptance, counter-offer; acceptance by conduct
• Information and documentation to be provided to contractor/sub-contractor – its significance and contractual status
• When can a tender be revoked?
• Keeping a tender open
• Open invitations
• What are the contractual consequences of revoking a tender?
• Oral/written agreements

Mistake and misrepresentation
• The effect of mistakes and misunderstandings.
• The nature of misrepresentations and pre-contract statements.
• Errors in pricing/scope.

Contract terms and conditions
• Express/implied terms
• Unfair contract terms
• Terms implied by statute – sale of goods, supply of goods and services, ‘The
Construction Act, ‘Third Parties Act’ 1999
• Essential conditions that are desirable for both parties
• Standard forms of building contract – advantages and desirability
• Problems of non-standard forms of contract
• Different contractual arrangements – allocation or commercial risk
• Choose the right contractual arrangement

Sub-contractors, suppliers and third parties
• The contractual chain
• Assignment and novation – when appropriate
• Sub-contracts, named/nominated subcontractors – risk and responsibility
• Concept and philosophy of subcontracting; principal sub-contract conditions
• Suppliers

Problem areas
• Practical completion
• Slow/no progress
• Force majeure and the implications
• Extensions of time
• Late payment
• Finance/interest: late payment of
Commercial Debt (Interest) Act, 1998 and contract provisions
• Ownership of goods and materials

Elements of liability
• What are common law damages and how are they assessed?
• Liquidated damages or general damages for delayed completion?
• Provisions in standard forms of contract for recovery of loss and expense
• Claims at common law
• Design liability – standards and allocation
• Limitation of action
• Cause and effect
• Defects – latent/patent/correction
• Defects liability period

Termination
• How a contract can be terminated
• Rights of the parties on termination
• Importance of understanding obligations and responsibilities of the parties
• Mediation, Adjudication, Arbitration, Litigation

The New Construction Acts
• Brief review of the Local Democracy, Economic Development and Construction Act 2009 and its impact on payment and adjudication provisions

13 September 2011 Birmingham
21 November 2011 Manchester
29 November 2011 London

14 March 2012 London

Delivery:	Classroom
Regions:	North West England The West Midlands South West England London
Category:	Construction Contracts