Contract Law

Contract Law

1. Terms

   • Provision for forming part of a contract
   • Expressed
     • written into contract
     • Problems arise from the meaning of these terms
   • Implied
     • not written in contract
       • Four classes of implied terms
         • Statutory implication
           • Housing Grants Regeneration Act 1996
           • Local Democracy, Economic Development and Construction Act 2009
         • Necessary implication
         • Custom and usage implication
         • Frustration Implication

2. Money

   • Payment
     • Payment Mechanisms
       • Interim Certificates
         • Mechanism for confirming that an installment of contrcat sum in due
         • Issued at dates within contract particulars,usually 4 week periods
         • The employer has 14 days from the date of cert in which to pay
           • Failure is a ground for suspension or termination by contractor
         • Contract administrator has a 5 day window from due date to issue the notice
         • Must state amount due to contractor from employer
       • Final Certificate
     • Advance payment
     • Retension
     • Final Account
     • Off site materials
   • Variations

3. Claims

   • Extension of Time
     • Releases obligation to pay LED's
     • Contractor must submit notice in writing as soon as it thinks it is being delayed, whether his fault or others
       • In breach if fails to do so
     • Contractors Duties
     • Architects Duties
   • Liquidated Damages
   • Money Claims