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Introductory Contract Law

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Overview:

This course will provide a thorough foundation in law and the legal system, suitable for all construction professionals. Using real examples of legal issues from construction projects the course combines a mixture of tutoring and exercises.

Aims & Objectives:

The course will enable attendees to understand the key components of a contract, manage its operation and appreciate how the key clauses will be interpreted.

At the end of the course, participants should be able to:

  • Understand the essential points of law applying to construction activities
  • Appreciate the legal framework within which operations are carried out
  • Evaluate the positional strengths of all the parties in any dispute
  • Recognise the consequences of the legal effects of negotiations carried out
  • Understand how contracts will be interpreted by adjudicators, arbitrators and the courts

    • Course Outline:

    Session 1 - Introduction

  • Sources of law
  • The hierarchy of the courts
  • Burden of proof
  • Standard of proof
  • Evidence

    • Session 2 - Contract Formation

  • What is a contract?
  • Oral or written?
  • Parties to a contract
  • Documentation
  • Communications
  • Limitation

    • Session 3- Breach of Contract

  • Breach generally
  • Remedies for breach
  • Remoteness of damages
  • Mitigation
  • liquidated damages
  • Liability

    • Session 4 - Terms of a Contract

  • Express terms
  • Implied terms
  • Housing grants, construction & regeneration Act 1996 as amended
  • Misrepresentation

    • Session 5 - Purchasing & Subcontracting

  • Privity of contract
  • Assignment and novation
  • Subcontracting

    • Session 6 - Interpretation of a Contract

  • Interpretation generally
    • Waiver and estoppel
  • Extrinsic evidence
  • Rules for interpretation
  • Precedence

    • Session 7 - The Law of Tort

  • Introduction to the law of tort
  • Negligence
  • Nuisance
  • Remedies

    • Mode of Delivery:

    This one day interactive course achieves results through a stimulating mixture of presentation, discussion and group exercises.

    Benefits of Attending:
  • Understanding of the legal system for construction professionals
  • Delivered by a chartered civil engineer, explaining the issues in the language of the industry
  • Ability to assess the contractual positions of parties to a contract
  • Understanding where contractual provisions come from and why they're there

    • Intended For:

    All those involved in construction projects - client, consultant, contractor or subcontractor - all of whom will benefit from a clear understanding of contract law.