construction contract Essay

1275 Words Nov 22nd, 2013 6 Pages
CPCCBC4003A
Select and Prepare a Construction Contract

Marking Comments Assignment 1

An excellent submission,
Welcome to this subject, a good start to this subject with this first assignment. My name is Cliff McSorley; I will be marking your assignments for this subject. Part 1
Good analysis and detailed response to both parts of this question. This is quite a problematic question, it would be something you would most likely do with the assistance of a solicitor, however you do need to be aware that changes to a contract is a difficult task and in my opinion always stick with the tried and tested standard contacts. Contracts provided by industry association have been tried and tested in the courts over many years and
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The Tenderer making a presentation to help promote a tender. Note that the submission of the tender can be construed as a contractual offer which is capable of acceptance by the principal as part of creating binding legal relations.
Sometimes the Principal will provide a Letter of Intent to a tenderer telling the tenderer that they are the preferred tenderer and that a contract will be awarded. Whether this Letter of Intent is legally binding depends on the wording of the Letter – in some instances it could be construed as an early works contract.
Generally where a Tender process is involved, there is no negotiation with respect to the terms of the proposed contract.
Once a tender is accepted by the Principal, a Letter of Acceptance is sent to the tenderer – or a written contract is signed by the Principal and tenderer (Contractor) which forms the basis of the legal relationship between the principal and the tenderer. The contract generally incorporates plans and specifications.
An offer and acceptable of the offer are necessary ingredients in creating a legally binding contract. There must also be consideration, which is generally the tender price, and an intention to create legal relations. Generally the latter can be inferred from the tender process.

The above feedback is not provided to contradict your interpretations but to provide response based on my

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