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

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

3. Review of Law Tender Law Owner Obligations Contractor Obligations Subcontractor Obligations

4. Standard Contracts Purpose of a contract 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 Proferentum

5. Contract Terms Examples of Terms Scope Price Others??

6. Standard Contracts Why use standard contracts? Consistency Standard Industry Terms

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

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

9. Standard Contracts Exercise (3 groups – 10 minutes) Write up a contract between an Owner and a Drywall Contractor to do the drywall for a 3 storey commercial building

10. Standard Contract Contract – Owner – Drywall Contractor What are essential components of a contract?

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

12. Standard Contract Terms Scope of work Price What else? Each group to draft ? Terms ½ Hour to prepare contract

13. Standard Contract Review Contract

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

15. Standard Contract Review of CCDC 2

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

17. CCDC 2 Contract Definitions

18. CCDC 2 – General Conditions 1 – GeneralGeneral 2 – AdministrationAdministration 3 – Execution of WorkExecution of Work 4 – AllowancesAllowances 5 – PaymentPayment 6 – ChangesChanges

19. CCDC 2 – General Conditions (Contd) 7 – Default NoticeDefault Notice 8 – Dispute ResolutionDispute Resolution 9 – Protection of Persons and PropertyProtection of Persons and Property 10 – Governing RegulationsGoverning Regulations 11 – InsuranceInsurance 12 – Indemnification, Waiver, WarrantyIndemnification, Waiver, Warranty