In this paper, I will reflect on the operation of contracts. Business law shows how contracts may be classified in several ways depending on the manner in which they are created, expressed, or performed. I have learned a lot from this course and I will use that to help write this paper. In the following paper I will discuss the oral or written contracts; I will discuss express or implied contracts, and will discuss formal or simple contracts. I will also discuss the impact of the contracts in a business and show the true propose of contracts. I will show what is needed in a contract to be legally enforceable. I will discuss how a contract must contain the following six elements: an offer and acceptances, a mutual agreement, a consideration, a competent parties, and legality of purpose, and proper form. All of this will be discussed in depth in the following paper.…
E4-16, E4-19, E4-22 Judgment Case 4-9 on page 227, E5-3 on page 275, and E5-10.…
The MW-1 2003 Contract was developed and published by the Royal Australian Institute of Architects (RAIA) and the Master Builders Association (MBA). This contract is the revised edition of the original ABIC MW-1 2001 contract…
Contracts: definition; types; verbal, written, standard form; offers — distinguishing invitations to treat; counter-offers; communication of offers; acceptance; the battle of the forms; consideration and the Contracts (Rights of Third Parties) Act 1999; capacity as applied to business situations; application of Requirements…
Contracts can be delegated through contract of service or contract for service and are regulated by the common law. The contract of service is comprised within an employee-employer contract, whilst the contract for service is based upon a contractor-client contract. A number of tests including, but not limited to; control, mutuality of obligation, integration, results and risk test, have been applied to denote the distinction between the two determinants. Hollis v Vabu (2001) 207 CLR 21 and Australian Air Express Pty Limited v Langford [2005] NSWCA 96 portrays the legalities of contracts and enables interpretation towards the existing nature of ‘contract of services’ and ‘contract for services’.…
In a typical person’s lifetime they will encounter many situations where they will enter into a contract with someone else. There are many different types of contracts that we may enter into, some knowingly and even some unconsciously. Buying a car with financing is a type of loan, entering into a new work place, and even getting a haircut is a type of contract.…
| |contractors/builders carrying out work on the premises. This is the main legislative framework that|…
Contracts are an important part of everyday life. They are an essential part of business. As a student of a business law class, I will discuss in this paper several aspects of contracts. This paper will give a definition of a contract and the essential elements necessary to form a valid contract. It will briefly discuss breach of contract and the difference between a material breach and a nonmaterial breach of contract. Examples of legal and equitable remedies available for breach of contracts will be highlighted. Also, legal excuses for nonperformance or other grounds for discharge of contracts will be addressed. Finally, three types of common contracts personally and professionally encountered will be mentioned.…
This will be single source negotiated contract. The instructions to the Contractor are provided below.…
2.4 What type of bond guarantees that if a contractor goes broke on a project the surety will pay the necessary amount to complete the job?…
There are two types of implied terms: those required by statute (acts of a legislative body) and those…
Grant the Great Construction is a small construction company formed from the merger of Grant Thomas Construction &Right Build International. The company has successfully operated in the Durham North Carolina area for the past ten years working on both small and large scale construction, repair, and alteration projects. With the business boom that is occurring in Greensboro and the desire to improve overall profit margins, the company is planning to shift its target market from residential clients to the larger commercial customers. This business plan will lay out our goals and tasks to make this transition successful. Grant the Great Construction strives to offer the finest quality design, site preparation, cost estimates, construction, repair, and alteration to clients needing large scale construction services.…
There are a few different options the owner can choose from under this method, including: Agency construction management, construction management-at-risk, or multiple prime. In agency construction management the manager acts as an agent to the owner, with the construction manager not responsible for any of the design or construction. In this system, the contracts for the architects and contractors are written directly with the owner and the construction manager manages both the architect and the contractor. Depending on the type of service the construction manager chooses to provide, the contractors may be trade contractors, execution contractors, or subcontractors, without having a general contractor. All of these facets may be managed by the construction manager and this type of system is referred to as “Multiple Primes.” Through this, there are multiple contracts with the owner. The architect’s position is then reduced to an advisory role, with the construction manager providing construction administration to the owner. In construction management-at-risk the construction manager is involved in the conception and design of the project rather than showing up after the construction documents are completed. The construction manager in this arrangement provides the owner with a maximum price, then proceeds to manage the project much like a…
This warranty stands as a promise from the Contractor that their materials, equipment and labor will be of good quality standards and the requirements of the contract documents. It is a standard component of all current construction contract forms; however, I can understand how a complete and full understanding of construction contract warranties remains a persistently elusive goal for many owners. I am sure of the existence an uncountable number of hypothetical examples to work through the exact intent and role of this warranty provision and I am going to use one that we once discussed in Dr. Federle’s…
Entire contract principle is an understanding and agreement that has always been a concern of many parties in the construction world. Construction activity is activities that constitute a complete unity and hard to be done partially. A variety of factors make a construction contract different from most other types of contracts. These include the length of the project, its complexity, its size and the fact that the price agreed and the amount of work done may change as it proceeds. In Gilbert-Ash (Northern) Ltd v Modern Engineering (Bristol) Ltd [1974] AC 689 at 717 Lord Diplock described a building contract as an entire contract for the sale of goods and work and labor for a lump sum price payable by installments as the goods are delivered and the work is done. Entire contract principle will involve all phases of construction in its implementation. Based on the case ever appears that the dispute that occurred within the entire contract principle much caused by the owner the dissatisfaction for work performed by contractors. Most cases that occur in the end won the owner as the party who feel aggrieved, but on the other side of the contractors also experienced the loss in no small amount. Hudson’s Building & Engineering Contracts (Sweet & Maxwell 1995, 11th Edition at p 475, 4.006, p 476, 4.008) elaborates upon this proposition stating that “ the essence of a building contract is a promise by the contractor to carry out work and supply materials in consideration of a promise by the building owner to pay for it the great majority of building contracts in the traditional form consist of an undertaking to complete the work for a contract price either ascertained (in the case of a specification form of contract without quantities) or ascertainable (in the case of a measurement contract with quantities or schedules of rates) and are therefore ‘lump sum’ or entire contracts, in the legal sense”.…