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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