Standard form of contract - Revision history

Editor at 16:55, 20 December 2021

2021-12-20T16:55:58Z

← Older revision		Revision as of 16:55, 20 December 2021
Line 25:		Line 25:
	NB: The Housing Grants, Construction and Regeneration Act applies to all contracts for 'construction operations' (including construction contracts and consultants’ appointments). The Act sets out requirements relating to payment and adjudication. The Scheme for Construction Contracts (England and Wales) Regulations (also known as The Scheme for Construction Contracts) is a scheme which applies when construction contracts do not comply with the Housing Grants, Construction and Regeneration Act. The Scheme either supplements the provisions of the contract where it has deficiencies relative to the requirements of the Housing Grants, Construction and Regeneration Act, or replaces the contract where it is non-compliant.		NB: The Housing Grants, Construction and Regeneration Act applies to all contracts for 'construction operations' (including construction contracts and consultants’ appointments). The Act sets out requirements relating to payment and adjudication. The Scheme for Construction Contracts (England and Wales) Regulations (also known as The Scheme for Construction Contracts) is a scheme which applies when construction contracts do not comply with the Housing Grants, Construction and Regeneration Act. The Scheme either supplements the provisions of the contract where it has deficiencies relative to the requirements of the Housing Grants, Construction and Regeneration Act, or replaces the contract where it is non-compliant.

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

		+	* Addendum.
	* Bespoke construction contract.		* Bespoke construction contract.
	* Clause.		* Clause.

Designing Buildings at 08:01, 3 September 2020

2020-09-03T08:01:13Z

← Older revision		Revision as of 08:01, 3 September 2020
Line 1:		Line 1:
−	~~See also: Construction contract.~~
−
	= General and consumer contracts =		= General and consumer contracts =

Line 45:		Line 43:
	* [https://www.projectcubicle.com/contract-documents/ Basic Contract Documents Every Contract Must Include]		* [https://www.projectcubicle.com/contract-documents/ Basic Contract Documents Every Contract Must Include]

−	[[Category:Appointments]] [[Category:Contracts_/_payment]]	+	[[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:DCN_Standard]] [[Category:Appointments]] [[Category:Contracts_/_payment]]

101.98.231.2 at 05:13, 4 August 2019

2019-08-04T05:13:43Z

← Older revision		Revision as of 05:13, 4 August 2019
Line 45:		Line 45:
	* [https://www.projectcubicle.com/contract-documents/ Basic Contract Documents Every Contract Must Include]		* [https://www.projectcubicle.com/contract-documents/ Basic Contract Documents Every Contract Must Include]

−	[[Category:Contracts_/_payment]]	+	[[Category:Appointments]] [[Category:Contracts_/_payment]]

Editor at 16:39, 24 July 2019

2019-07-24T16:39:12Z

← Older revision		Revision as of 16:39, 24 July 2019
Line 38:		Line 38:
	* Modifying clauses in standard forms of construction contract.		* Modifying clauses in standard forms of construction contract.
	* Non-performance.		* Non-performance.
		+	* Notifications during construction works
	* Traditional contract - pros and cons.		* Traditional contract - pros and cons.

Editor at 23:32, 18 July 2019

2019-07-18T23:32:32Z

← Older revision		Revision as of 23:32, 18 July 2019
Line 37:		Line 37:
	* Main contract.		* Main contract.
	* Modifying clauses in standard forms of construction contract.		* Modifying clauses in standard forms of construction contract.
		+	* Non-performance.
	* Traditional contract - pros and cons.		* Traditional contract - pros and cons.

−	=== External references ===	+	= External references =

	* [https://www.projectcubicle.com/contract-documents/ Basic Contract Documents Every Contract Must Include]		* [https://www.projectcubicle.com/contract-documents/ Basic Contract Documents Every Contract Must Include]

	[[Category:Contracts_/_payment]]		[[Category:Contracts_/_payment]]

Kathy at 12:08, 12 December 2018

2018-12-12T12:08:56Z

← Older revision		Revision as of 12:08, 12 December 2018
Line 38:		Line 38:
	* Modifying clauses in standard forms of construction contract.		* Modifying clauses in standard forms of construction contract.
	* Traditional contract - pros and cons.		* Traditional contract - pros and cons.
		+
		+	=== External references ===
		+
		+	* [https://www.projectcubicle.com/contract-documents/ Basic Contract Documents Every Contract Must Include]

	[[Category:Contracts_/_payment]]		[[Category:Contracts_/_payment]]

Editor at 12:50, 9 November 2018

2018-11-09T12:50:37Z

← Older revision		Revision as of 12:50, 9 November 2018
Line 11:		Line 11:
	For example, where a standard form contract is entered into between an ordinary consumer and the salesperson of a multinational corporation, the consumer typically is in no position to negotiate the standard terms; indeed, the company’s representative often does not have the authority to alter the terms, even if either side to the transaction were capable of understanding all the terms in the fine print. These contracts are typically drafted by corporate lawyers far away from where the underlying consumer and vendor transaction takes place.		For example, where a standard form contract is entered into between an ordinary consumer and the salesperson of a multinational corporation, the consumer typically is in no position to negotiate the standard terms; indeed, the company’s representative often does not have the authority to alter the terms, even if either side to the transaction were capable of understanding all the terms in the fine print. These contracts are typically drafted by corporate lawyers far away from where the underlying consumer and vendor transaction takes place.

−	The danger of accepting unreasonable terms is greatest where drafters of such contracts present consumers with attractive terms on the visible or ~~“shopped”~~ terms of most interest to consumers, such as price and quality, but include one-sided terms benefiting the seller into the less visible, fine print clauses least likely to be read or understood by consumers.	+	The danger of accepting unreasonable terms is greatest where drafters of such contracts present consumers with attractive terms on the visible or 'shopped terms of most interest to consumers, such as price and quality, but include one-sided terms benefiting the seller into the less visible, fine print clauses least likely to be read or understood by consumers.

	In many cases, the consumer may not even see these contracts until the transaction has occurred. In some cases, the seller knows and takes advantage of the knowledge that consumers will not read or make decisions on these terms.		In many cases, the consumer may not even see these contracts until the transaction has occurred. In some cases, the seller knows and takes advantage of the knowledge that consumers will not read or make decisions on these terms.
Line 35:		Line 35:
	* Procurement route.		* Procurement route.
	* Scheme for Construction Contracts.		* Scheme for Construction Contracts.
		+	* Main contract.
	* Modifying clauses in standard forms of construction contract.		* Modifying clauses in standard forms of construction contract.
	* Traditional contract - pros and cons.		* Traditional contract - pros and cons.

	[[Category:Contracts_/_payment]]		[[Category:Contracts_/_payment]]

Editor at 15:09, 15 October 2018

2018-10-15T15:09:19Z

← Older revision		Revision as of 15:09, 15 October 2018
Line 27:		Line 27:
	NB: The Housing Grants, Construction and Regeneration Act applies to all contracts for 'construction operations' (including construction contracts and consultants’ appointments). The Act sets out requirements relating to payment and adjudication. The Scheme for Construction Contracts (England and Wales) Regulations (also known as The Scheme for Construction Contracts) is a scheme which applies when construction contracts do not comply with the Housing Grants, Construction and Regeneration Act. The Scheme either supplements the provisions of the contract where it has deficiencies relative to the requirements of the Housing Grants, Construction and Regeneration Act, or replaces the contract where it is non-compliant.		NB: The Housing Grants, Construction and Regeneration Act applies to all contracts for 'construction operations' (including construction contracts and consultants’ appointments). The Act sets out requirements relating to payment and adjudication. The Scheme for Construction Contracts (England and Wales) Regulations (also known as The Scheme for Construction Contracts) is a scheme which applies when construction contracts do not comply with the Housing Grants, Construction and Regeneration Act. The Scheme either supplements the provisions of the contract where it has deficiencies relative to the requirements of the Housing Grants, Construction and Regeneration Act, or replaces the contract where it is non-compliant.

−	~~= Find out more =~~	+	= Related articles on Designing Buildings Wiki =
−		+
−	=== Related articles on Designing Buildings Wiki ===	+

	* Bespoke construction contract.		* Bespoke construction contract.
		+	* Clause.
	* Construction contract.		* Construction contract.
	* Housing Grants Construction and Regeneration Act.		* Housing Grants Construction and Regeneration Act.

Editor at 13:10, 17 August 2018

2018-08-17T13:10:21Z

← Older revision		Revision as of 13:10, 17 August 2018
Line 3:		Line 3:
	= General and consumer contracts =		= General and consumer contracts =

−	Standard Form Contracts are agreements that employ standardised, non-negotiated provisions, usually in pre-printed forms. These are sometimes referred to as ~~“boilerplate~~ contracts,~~” "~~contracts of adhesion,~~"~~ or ~~"~~take it or leave it~~"~~ contracts.	+	Standard Form Contracts are agreements that employ standardised, non-negotiated provisions, usually in pre-printed forms. These are sometimes referred to as 'boilerplate contracts', 'contracts of adhesion', or 'take it or leave it' contracts.

	The terms may be drafted (or selected) by or on behalf of one party to the transaction – generally the party with superior bargaining power who routinely engages in such transactions. With few exceptions, the terms are not negotiable by the other party.		The terms may be drafted (or selected) by or on behalf of one party to the transaction – generally the party with superior bargaining power who routinely engages in such transactions. With few exceptions, the terms are not negotiable by the other party.
Line 17:		Line 17:
	= Construction contracts =		= Construction contracts =

−	In the construction industry, there are a number of standard contracts, subcontracts, warranties and appointment agreements published by organisations such as the Joint Contracts Tribunal (JCT), the Royal Institute of British Architects (RIBA), the Institution of Civil Engineers and so on. Such agreements can be useful as they have a track record of being used between parties, and their precise meaning has been tested by case law.	+	In the construction industry, there are a number of standard contracts, subcontracts, warranties and appointment agreements published by organisations such as the Joint Contracts Tribunal (JCT), the Royal Institute of British Architects (RIBA), the Institution of Civil Engineers (ICE), and so on. Such agreements can be useful as they have a track record of being used between parties, and their precise meaning has been tested by case law.

	English law does not require a particular form to contracts, and so the terms and ultimately the risk allocation is the choice of the parties involved. Standard Form Contracts (SFC) aim to minimise the time and cost of negotiating contracts.		English law does not require a particular form to contracts, and so the terms and ultimately the risk allocation is the choice of the parties involved. Standard Form Contracts (SFC) aim to minimise the time and cost of negotiating contracts.
Line 25:		Line 25:
	Amendment of standard contracts should be approached with reluctance and caution as they can disrupt the balance of risk and impact on the true purpose. See Modifying clauses in standard forms of construction contract for more information.		Amendment of standard contracts should be approached with reluctance and caution as they can disrupt the balance of risk and impact on the true purpose. See Modifying clauses in standard forms of construction contract for more information.

−	NB The Housing Grants, Construction and Regeneration Act applies to all contracts for 'construction operations' (including construction contracts and consultants’ appointments). The Act sets out requirements relating to payment and adjudication. The Scheme for Construction Contracts (England and Wales) Regulations (also known as The Scheme for Construction Contracts) is a scheme which applies when construction contracts do not comply with the Housing Grants, Construction and Regeneration Act. The Scheme either supplements the provisions of the contract where it has deficiencies relative to the requirements of the Housing Grants, Construction and Regeneration Act, or replaces the contract where it is non-compliant.	+	NB: The Housing Grants, Construction and Regeneration Act applies to all contracts for 'construction operations' (including construction contracts and consultants’ appointments). The Act sets out requirements relating to payment and adjudication. The Scheme for Construction Contracts (England and Wales) Regulations (also known as The Scheme for Construction Contracts) is a scheme which applies when construction contracts do not comply with the Housing Grants, Construction and Regeneration Act. The Scheme either supplements the provisions of the contract where it has deficiencies relative to the requirements of the Housing Grants, Construction and Regeneration Act, or replaces the contract where it is non-compliant.

	= Find out more =		= Find out more =
Line 37:		Line 37:
	* Scheme for Construction Contracts.		* Scheme for Construction Contracts.
	* Modifying clauses in standard forms of construction contract.		* Modifying clauses in standard forms of construction contract.
		+	* Traditional contract - pros and cons.

	[[Category:Contracts_/_payment]]		[[Category:Contracts_/_payment]]

Designing Buildings at 08:37, 15 March 2018

2018-03-15T08:37:57Z

← Older revision		Revision as of 08:37, 15 March 2018
Line 1:		Line 1:
		+	See also: Construction contract.
		+
	= General and consumer contracts =		= General and consumer contracts =