Contracts

Part 1_p1

EXPRESS

Are we in contract? If yes, only then, dispute can be resolved.

Terms are in the Bill of Quantities

IMPLIED

Balfour Beatty vs SCBC

INCORPORATED BY REFERENCE

elsewhere

LETTERS OF INTENT

to get out of contract

never use a Letter of Intent - quickest way to the court house (dispute)

not enough terms (payment, scope of works etc.)

ATTESTATION

witness

partnership/company difference

delict (tort)

employer insures existing building on one contract and the proposed construction under a different one

p.8

finish work early (contractor-architect different timeframes)

p.9 Scottish Law

don't pay for material stored off-site, buy them! construction contract is a service contract, not purchase contract

3 reasons for delay in construction

1. contractor foul up

2. employer foul up

3. neutral events: things happen (government, weather...)

Architect can only grant an extension of time if employer has caused the delay or neutral events