This course covers the various sources of building contract law, the standard forms of contract, dispute resolution mechanisms, general understanding of basic legal principles and concepts, and the essential elements for the formation of a contract. Participants will be able to tell when a contract has been legally formed, and on which set of standard terms. Commonly encountered situations of unsigned quotations, purchased order terms being different from those stated in the quotation, and further negotiation of terms after delivery of material will be discussed. The circumstances under which a signed contract is considered void or unenforceable will be discussed. Issues such as misrepresentation, frustration, mistake, and duress will also be examined. The breaching of the contract and its consequences will also be covered. The legal rights and obligations regarding the time for completion of works or delivery will be discussed. Participants will learn the best way to avoid liability for delay and liquidated damages and preserving their rights to claim for extensions of time, and even payment of prolongation cost for delays. The contractual basis for variations and payment for variations will be discussed – issues include the circumstances under which a contractor rejects variation orders, and when an omission order may be considered invalid. The course will also cover the more commonly subscribed payment regime. Cases of building contract law will also be covered during the course.
This course is designed for all stakeholders and practitioners of the real estate, building and construction industry such as developers, quantity surveyors, managing agents, project managers, superintending officers, architects, engineers, construction managers, building managers, contracts managers, building contractors and sub-contractors including specialist contractors and suppliers of construction materials and products.
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