However, it might also be noted that most of the issues in the building industry has already been faced by many and need not be learnt by us or that there is no need to foresee the problems and produce a document catering to all the nuances of the business. It is better and easier and many times more accurate to adopt and alter the existing standard construction agreements for our own benefit, if needed. RIBA 2005 is the new set of documents that is available for construction companies and builder to make up contracts with every one of the sub contractors.
Construction contracts are more in line with the expectations of the construction industry. Most of the standard forms cater to the complete requirement of the project. This also specifies the forms that get used during the process to ensure that the work is reported back to the main contractor in right earnest. Most of the contract agreements not just specify the terms of the agreement legally, but also specify other formats that become day-to-day reporting formats and for metrics of the project and its progress.
There are formats that are looked at as 'one with the contractor's design'. The contractors' design and the execution would go together in the case of the project. This will ensure that there is a single point contract for the owner and the responsibility of execution rests with the contractor for both. This may not be comfortable in our current case since there could be changes in the design and the concepts which the owner might like to modify as the construction progresses.
The basic idea of the contract is to ensure that the requirements of 'the Employer' or the client are met in full form. In order to ensure that this happens, the contract would always start with an Employer's requirements or Contractors proposals. This will have all the requirements of the employer or the owner listed in detail and specifies the base purpose of the requirement as well. This will not look at the design specifications or any other material that might be a part of the construction in it. This will only detail the requirements and the complete specifications for the project. This could be the cost of the project or the budget allocation from the client; this should also list the constraints within which the contractor is supposed to work. The limitations could be in terms of time, money, land and in any of the other parameters. The contractor needs to necessarily work within these constraints and meet the requirements that have been raised by the employer. These requirements will form the basis of the contractor's proposals.
Based on the requirements document that is given by the employer or the owner, the contractor provides his contractors' proposal. This proposal in our case will be with the architect. Based on the requirements from the employer, the contractor would prepare the proposal so that it should meet the requirements espoused by the employer. However, if the contractors' proposal were to raise any issues or contradictions or clarifications, the same can be further clarified with the contractor and his exact commitment as to the execution of the contract can be laid out. This could lead to an increase in the price or might lead to an extension of time. However, this would
There is a need to have a defined contract with the architect for the deliverables that is expected off him. In order to ensure that either of the parties works in unison and they have understood each other in complete, contracts need to be drawn. Contracts are drawn also to finalise the understanding between the parties under consideration…
Hirobe (2001, p. 64) argues that a valid exclusion clause should be incorporated into the contract or agreement and the wording should be clear and cover the liability intended. The party intending to rely on the clause should show its incorporation into the agreement.
Millions of pounds have been used each year in an effort to repair and correctively maintain constructed buildings. Majority of occupants, particularly in the United Kingdom lived in distress, due to the presence of countless faults within their houses. Douglas and Ransom point out that “a seemingly endless stream of incompetent, embarrassing, and sometimes dangerous series failures in construction work” (2007, p.
tated that it should have been designed as a formal protocol rather than as a guidance tool.1 Since the provisions of the protocol are intended to be a guidance tool, they end up creating more confusion on some aspects rather than resolving them.
Construction projects cannot be
According to Yates and Epstein, delays in construction projects for example, may be initiated right at the commencement stage itself due to poor management within the supply chain.1 The question of creation of risk arises from the supply side, since it is
When any one of the elements is absent, no contract is formed. For Larson (2003), the elements of a contract are: a) meeting of the minds, b) offer and acceptance, c) and mutual consideration. Another classification of
The author states that Clark initiated a successful coach operating business from a depot in south east London. However, later it was operating about 20 coaches from that depot. But by the end of the decade the fleet had doubled and it was becoming difficult to manage properly the maintenance, servicing and cleaning of these coaches.