Procurement, Contract Law, Duty of Care and Dispute Resolution

Module Ref: A10

Duration: 1 day

Aims

Familiarisation with some aspects of contract law, the formation of contracts, the dispute resolution process, duty of care and the law relating to nuisance.

Coverage

• The construction market
• Basic principles of contract
• Standard forms of contract
• Performance and payment
• Breach of contract and remedies
• External legal influences
• Basic principles of public, private and statutory nuisance

Teaching Outcomes

At the end of the workshop, the delegates should appreciate and understand:

• The legal basis of a contract
• Some principles of common law
• How contracts are formed
• What constitutes a valid contract
• Who can contract
• How contracts are fulfilled
• The duties and obligations of the parties
• The role of the engineer or project manager
• The role of the contract documents
• Bonds, warranties and parent company guarantees
• Insurance requirements
• Variation and change procedures
• The period for completion
• The payment process
• The significance of certificates
• Technical breaches of contract
• Fundamental breaches of contract
• Contractual remedies
• The importance of stipulated procedures
• Late completion
• What constitutes a dispute
• Housing Grants Construction and Regeneration Act
• Dispute resolution processes

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