Agreement - Revision history

Designing Buildings at 14:06, 3 August 2024

2024-08-03T14:06:58Z

← Older revision		Revision as of 14:06, 3 August 2024
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	* Section 278 agreement - works to existing highways.		* Section 278 agreement - works to existing highways.

−	= Related articles on Designing Buildings ~~Wiki~~ =	+	= Related articles on Designing Buildings =

	* Alternative dispute resolution.		* Alternative dispute resolution.

Designing Buildings at 11:31, 6 October 2020

2020-10-06T11:31:10Z

← Older revision		Revision as of 11:31, 6 October 2020
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	* Standard form of contract.		* Standard form of contract.

−	[[Category:Appointments]] [[Category:Construction_management]] [[Category:Contracts_/_payment]] [[Category:Cost_/_business_planning]]	+	[[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:Appointments]] [[Category:Construction_management]] [[Category:Contracts_/_payment]] [[Category:Cost_/_business_planning]]

Designing Buildings at 06:18, 11 May 2020

2020-05-11T06:18:30Z

← Older revision		Revision as of 06:18, 11 May 2020
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	* Legal agreements.		* Legal agreements.
	* Letter of intent.		* Letter of intent.
		+	* Maverick buying.
	* Memorandum of understanding.		* Memorandum of understanding.
	* Partnering and joint ventures.		* Partnering and joint ventures.

Designing Buildings at 06:17, 11 May 2020

2020-05-11T06:17:27Z

← Older revision		Revision as of 06:17, 11 May 2020
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	* Legal action.		* Legal action.
	* Legal agreements.		* Legal agreements.
		+	* Letter of intent.
		+	* Memorandum of understanding.
	* Partnering and joint ventures.		* Partnering and joint ventures.
	* Standard form of contract.		* Standard form of contract.

	[[Category:Appointments]] [[Category:Construction_management]] [[Category:Contracts_/_payment]] [[Category:Cost_/_business_planning]]		[[Category:Appointments]] [[Category:Construction_management]] [[Category:Contracts_/_payment]] [[Category:Cost_/_business_planning]]

Editor at 19:21, 5 December 2019

2019-12-05T19:21:51Z

← Older revision		Revision as of 19:21, 5 December 2019
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	* Collaborative practices.		* Collaborative practices.
	* Construction contract.		* Construction contract.
		+	* Duress and undue influence.
	* Legal action.		* Legal action.
	* Legal agreements.		* Legal agreements.

Editor at 18:05, 30 October 2019

2019-10-30T18:05:20Z

← Older revision		Revision as of 18:05, 30 October 2019
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	* Collaborative practices.		* Collaborative practices.
	* Construction contract.		* Construction contract.
		+	* Legal action.
	* Legal agreements.		* Legal agreements.
	* Partnering and joint ventures.		* Partnering and joint ventures.

Editor at 17:31, 2 May 2019

2019-05-02T17:31:49Z

← Older revision		Revision as of 17:31, 2 May 2019
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	* Alternative dispute resolution.		* Alternative dispute resolution.
		+	* Boilerplate.
	* Breach of contract.		* Breach of contract.
	* Clause.		* Clause.

Editor at 15:04, 15 October 2018

2018-10-15T15:04:38Z

← Older revision		Revision as of 15:04, 15 October 2018
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	* Alternative dispute resolution.		* Alternative dispute resolution.
	* Breach of contract.		* Breach of contract.
		+	* Clause.
	* Collaborative practices.		* Collaborative practices.
	* Construction contract.		* Construction contract.

Designing Buildings at 13:57, 1 October 2018

2018-10-01T13:57:07Z

← Older revision		Revision as of 13:57, 1 October 2018
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	[[File:Handshake.jpg\|link=File:Handshake.jpg]]		[[File:Handshake.jpg\|link=File:Handshake.jpg]]

−	In general, an agreement is an understanding and statement of intent between two or more parties, which has often been negotiated and ~~has some level of impact on~~ their respective rights and responsibilities.	+	In very general terms, an agreement is an understanding and statement of intent between two or more parties, which has often been negotiated and sets out their respective rights and responsibilities.

	Whether an agreement is legally enforceable will depend on its type and form. A non-binding agreement, also known as a ‘gentleman’s agreement’ is typically oral (but can be written), or may be part of an unspoken agreement, and relies on an understanding between the parties that they will honour the agreement as opposed to it being enforceable. A binding agreement is also known as a contract and creates rights and obligations between the parties.		Whether an agreement is legally enforceable will depend on its type and form. A non-binding agreement, also known as a ‘gentleman’s agreement’ is typically oral (but can be written), or may be part of an unspoken agreement, and relies on an understanding between the parties that they will honour the agreement as opposed to it being enforceable. A binding agreement is also known as a contract and creates rights and obligations between the parties.
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	For more information, see Articles of agreement.		For more information, see Articles of agreement.

−	~~In relation~~ to ~~construction~~, ~~there are several other types of agreement that apply~~ to ~~different situations, including~~:	+	When an agreement is made to appoint consultants, this generally referred to as an appointment rather than a contract. For more information see: Appointing consultants.

−	~~When a client is keen that its building is handed over earlier than is set out in the contract or, where the contractor has been allowed extensions~~ of ~~time, earlier than the revised completion date, an acceleration~~ agreement ~~can be used. It is usual for acceleration agreements to be treated as an addendum to the building contract.~~	+	Other types of contractual agreement include:

−	For more information, see ~~Agreement~~ for the ~~acceleration~~ of construction ~~works~~.	+	* Framework agreements, often used by clients that are continuously commissioning construction work, to allow them to invite tenders from suppliers of goods and services to be carried out over a period of time on a call-off basis as and when required. For more information, see Framework contract.
		+	* Partnering is a broad term used to describe a collaborative management approach that encourages openness and trust between parties to a contract. The parties become dependent on one another for success and this requires a change in culture, attitude and procedures throughout the supply chain. Partnering can be arranged either by use of a traditional contract with a separate partnering agreement, or by use of a contract with an aligned partnering agreement. For more information, see Partnering.
		+	* Pre-Construction Services Agreements (PCSAs) enable clients to employ contractors before the main construction contract commences. Typically, they are part of a two-stage tender process, used in the first stage to procure contractor involvement in the design process. For more information, see Pre-construction services agreement.

−	~~Framework~~ agreements ~~are often~~ used ~~by clients that are continuously commissioning~~ construction ~~work~~, ~~and allow them to invite tenders from suppliers of goods and services to be carried out over a period of time on a call-off basis as and when required.~~	+	There are many other types of agreements used in the construction industry, including:

−	~~For more information, see Framework contract.~~	+	* Planning performance agreement.
−		+	* Service level agreement.
−	Partnering is a broad term used to describe a collaborative management approach that encourages openness and trust between parties to a contract. The parties become dependent on one another for success and this requires a change in culture, attitude and procedures throughout the supply chain. Partnering can be arranged either by use of a traditional contract with a separate partnering agreement, or by use of a contract with an aligned partnering agreement.	+	* Concession agreement.
−		+	* Non-disclosure agreement.
−	~~Partnering agreements include the project partnering contract PPC2000, the term partnering contract TPC2005, the NEC partnering agreement and the ICE Partnering Addendum.~~	+	* Working rule agreement.
−		+
−	~~For more information, see Partnering.~~	+
−		+
−	Pre-Construction Services Agreements (PCSAs) enable clients to employ contractors before the main construction contract commences. Typically, they are part of a two-stage tender process, used in the first stage to procure contractor involvement in the design process.	+
−		+
−	~~For more information, see Pre-construction services agreement.~~	+
−		+
−	Planning performance agreements are voluntary undertakings that enable local planning authorities and applicants for planning permission to agree the timescales, actions and resources necessary to process a planning application. They are not intended to be legally-binding contracts, but are in the spirit of a ‘memorandum of understanding’.	+
−		+
−	~~For more information, see~~ Planning performance agreement.	+
−		+
−	A service level agreement (SLA) sets out in detail what a service provider is required to provide as part of the agreement and the standard that the services they provide must achieve. Service level agreements can be prepared within an organisation, describing the services required from an in-house team or department, or they may be used for the outsourcing of services, such as facilities management services.	+
−		+
−	~~For more information, see~~ Service level agreement.	+
−		+
−	A concession agreement is a negotiated contract that grants rights to a company by a government, local authority, or other legal entity. The two types of agreement are for either works or services. Both types of concession agreement involve a transfer to the contractor of the ‘operating risk’.	+
−		+
−	~~For more information, see~~ Concession agreement.	+
−		+
−	Non-disclosure agreements (NDA), sometimes known as confidentiality agreements, are documents that can be agreed before confidential information is disclosed about a project, product or idea. They are legal contracts which set out how information can be shared, and formalise a relationship where it may not be wise to assume that the other party will keep information confidential.	+
−		+
−	~~For more information, see~~ Non-disclosure agreement ~~for building design and construction~~.	+
−		+
−	A working rule agreement (WRA), according to ICE, is the ‘terms of employment agreed between one or more trades unions and representatives of the employers of the members of those unions’. WRAs provide a guide to acceptable terms and conditions for employers and workers.	+
−		+
−	~~For more information, see~~ Working rule ~~agreement.~~	+
−		+
−	~~In addition, Designing Buildings Wiki has a range of articles relating to agreement, including:~~	+
−		+
−	* Appointing consultants.	+
−	* Enabling agreement.	+
	* Heritage partnership agreement.		* Heritage partnership agreement.
	* Hold harmless agreement.		* Hold harmless agreement.
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	* Section 184 agreement - vehicle crossings over footways and verges		* Section 184 agreement - vehicle crossings over footways and verges
	* Section 278 agreement - works to existing highways.		* Section 278 agreement - works to existing highways.
−	* When does a draft deal become a binding agreement?
−	* Zone of possible agreement.

	= Related articles on Designing Buildings Wiki =		= Related articles on Designing Buildings Wiki =

Designing Buildings at 08:52, 27 September 2018

2018-09-27T08:52:35Z

← Older revision		Revision as of 08:52, 27 September 2018
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	[[File:Handshake.jpg\|link=File:Handshake.jpg]]		[[File:Handshake.jpg\|link=File:Handshake.jpg]]

−	In general, an agreement is an understanding and statement of intent between two or more parties, which has often been negotiated and has some level of impact ~~upon~~ their respective rights and responsibilities.	+	In general, an agreement is an understanding and statement of intent between two or more parties, which has often been negotiated and has some level of impact on their respective rights and responsibilities.

	Whether an agreement is legally enforceable will depend on its type and form. A non-binding agreement, also known as a ‘gentleman’s agreement’ is typically oral (but can be written), or may be part of an unspoken agreement, and relies on an understanding between the parties that they will honour the agreement as opposed to it being enforceable. A binding agreement is also known as a contract and creates rights and obligations between the parties.		Whether an agreement is legally enforceable will depend on its type and form. A non-binding agreement, also known as a ‘gentleman’s agreement’ is typically oral (but can be written), or may be part of an unspoken agreement, and relies on an understanding between the parties that they will honour the agreement as opposed to it being enforceable. A binding agreement is also known as a contract and creates rights and obligations between the parties.
		+
		+	There are four essentials in forming a contract:
		+
		+	* Two or more parties.
		+	* An intention to create legal relations.
		+	* An agreement.
		+	* Consideration. (Save for contracts made under seal, and subject to the Contracts (Rights of Third Parties) Act, the courts will not enforce gratuitous promises. There must be valuable consideration. Valuable consideration is 'something of value in the eye of the law'.
		+
		+	For more information see: Essentials of a contract.
		+
		+	Contracts may be executed under seal (signed by the parties, witnessed and most importantly made clear that it is executed as a deed) or under hand (a 'simple contract' that is just signed by the parties). For more information see: Contracts under seal v under hand.

	Contract documents for a construction contract will often include ‘articles of agreement’. These set out the core obligations of the parties involved. Typically, they consist of four sections:		Contract documents for a construction contract will often include ‘articles of agreement’. These set out the core obligations of the parties involved. Typically, they consist of four sections: