Contract Law Essay

3645 Words Apr 23rd, 2015 15 Pages
Contents

Question 1 | Pages | Contact Documents | 1 | Execution of the Contract | 1 | Requirement of Writing | 1 | Domestic Building Contracts | 2 | Variations | 2 | Question 2 | | How a Court Interprets Ambiguities and Inconsistencies | 2 & 3 | Definitions of Key Words | 3 | Order of Precedence | 3 | The Parol Evidence Rule | 3 | “Maxims” of Construction | 3 & 4 | Relevant Clauses | 4 | Rectification of Contracts | 4 | Criteria for Rectification | 4 | Question 3 | | Void for uncertainty | 5 | lump sum payment | 5 & 6 | Fixed date for completion | 6 | Stipulating a liquated damages amount | 6 | The prevention doctrine | 6 | Entitlements to an extension of
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A contract generally comprises of: * Agreement – the means of agreement signed by both parties * Conditions of contract – the conditions covering the execution of the contract * Drawings –show the extent and detail of the works to be executed * Specifications –describe in detail the work to be done, standard of workmanship and the materials to be used * Schedule of rates – a schedule detailing a list of items and applicable contract rates * Other documents * Correspondence * Tendering information * Tender documents * Post-tender negotiations * Bills of quantities
Because the inclusion of documentation is quite open ended “In any case, it is essential that the agreement state expressly which documents are incorporated (preferably, such documents should be physically bound in with and signed along with other documents) and their exact contractual status, in order to prevent disagreement” (Bailey & Bell 2011)

Execution of the Contract
A builder can protect their interests by carefully considering the execution of the contract in relation to the inclusion of documentation. This will ensure that the contract is validly entered into and reflects the agreed intent of all parties involved.

Signing - All documents that form part of the contract should be signed by all parties and any hand-written amendments that have been made to them should be

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