University of Calgary Continuing Education Construction Contract Law and Documents Week 9 Review of Law Standard Contract Documents

Review of Law Sovereignty – Common Law Courts Contracts Source of Authority Structure Jurisdiction Contracts Formation Offer, Acceptance, Consideration Requirements Consensus ad idem Capacity

Review of Law Tender Law Owner Obligations Contractor Obligations Subcontractor Obligations

Standard Contracts Purpose of a contract Not Contra Preferentum Define duties and responsibilities of parties Apportion risk between parties Not A list of procedures Setting the stage for litigation One-sided – designed to give one party the advantage Contra Preferentum

Contract Terms Examples of Terms Scope Price Others??

Standard Contracts Why use standard contracts? Consistency Standard Industry Terms

Standard Contracts Advantages Cheaper Common, well used terms Tested in court Useful as a checklist

Standard Contracts Disadvantages Nobody reads them Reluctance to change them by consultants “All things to all men” (persons) Project Specific Requirements

Standard Contract Contract – Owner – Drywall Contractor Essential Components Name Parties Date Signatures & Seals or witnesses Terms

Standard Contract Did you remember… Payment clause Jurisdiction Law to be applied Dispute Resolution Liquidated Damages Coordinate with lien legislation – holdback Bankruptcy

Standard Contract Review of CCDC 2

CCDC 2 – Stipulated Price Structure Contract Who does what to whom Definitions General Conditions Details

CCDC 2 Contract Definitions

CCDC 2 – General Conditions 2 – Administration 3 – Execution of Work 4 – Allowances 5 – Payment 6 – Changes

CCDC 2 – General Conditions (Contd) 7 – Default Notice 8 – Dispute Resolution 9 – Protection of Persons and Property 10 – Governing Regulations 11 – Insurance 12 – Indemnification, Waiver, Warranty