Nobody downloaded yet

Advanced Construction Law - Essay Example

Comments (0) Cite this document
1) In simple terms, an LOI could be said to be a written statement manifesting the desire of its signatories to enter into a structured accord, especially with regard to the business dealings and its execution. Sometimes, there may be no formal basis for contract. “A formal…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER98.5% of users find it useful
Advanced Construction Law
Read TextPreview

Extract of sample "Advanced Construction Law"

Download file to see previous pages The main aspect that needs to be understood is that an LOI is not a contract; at best it is an offer that needs to be confirmed or negated by the other party. However, a particular contractor by dint of some merit has been chosen over others. “ It applies also where the sub-contractor has been chosen for his specialist trade. – “British Waggon Co.-v-Lea (1880)” 2
(Footnote: In this case it was held that delegation of contractual duties is possible except when individual’s skill, competencies and other resources are not considered while effecting the delegation.)
This was again confirmed in the case of “Southway Group Ltd-v-Wolff and Wolff (1991)” 3 (footnote: Novation is another means by which contractual obligations can be "transferred" from one person to another)
That being said, it is also necessary to state that in construction business, the main documents are the floatation of tender. As per accepted protocol, the contractor or owner floats tenders which are quoted by different parties, these tenders are examined and the final bid is finalized.
“The form and content of LOIs are as varied as the circumstances in which they may be issued.No doubt it is this variety that led Robert Goff J in British Steel Corp v Cleveland Bridge and Engineering Co Ltd (1984) to observe that there is "no hard and fast answer to the question whether a letter of intent will give rise to a binding agreement: everything must depend on the circumstances of the particular case." 4
Sometimes there is an oral promise by one party to do something and for another to remunerate him on his doing it. “ The latter transaction is really no more than a standing offer which, if acted upon before it lapses or is lawfully withdrawn, will result in a binding contract.” 5
However, in this case, although the parties wished and hoped for the contract to be finalized, it did ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“Advanced Construction Law Essay Example | Topics and Well Written Essays - 3500 words”, n.d.)
Advanced Construction Law Essay Example | Topics and Well Written Essays - 3500 words. Retrieved from
(Advanced Construction Law Essay Example | Topics and Well Written Essays - 3500 Words)
Advanced Construction Law Essay Example | Topics and Well Written Essays - 3500 Words.
“Advanced Construction Law Essay Example | Topics and Well Written Essays - 3500 Words”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Advanced Construction Law

Construction Law

...? NEC Assignment 2 The NEC Engineering and Construction Contract (ECC) developed by the of Civil Engineers is a guideline for creating documents in the engineering and construction industry related to tenders, awarding and conducting contracts. It comprises of some standard contracts, based on these principles: encouraging co-operation between parties to the contract, suitability for various commercial projects (Eggleston, 2006). This scenario is about a contract related to the design and construction of the Tiger House for the Chinese consulate. The contractor has apparently sublet the building of a steel framed glazed structure to a subcontractor; this arrangement is known as the...
8 Pages(2000 words)Essay

Construction Law

...of Procurement - Communications and Contractual Relationships. [Online] Available at: HYPERLINK "" [Accessed 12 April 2012]. Chappell, D., 2007. Understanding JCT Standard Building Contracts. 8th ed. London: Routledge. Constable, A. & Chambers, K., 2009. The JCT Contract in a Cold Climate. [Online] King’s College Construction Law Association Available at: HYPERLINK ""...
5 Pages(1250 words)Essay

Construction law Hospital Construction: Contracts and Collaboration in the UK’s Private Finance Initiative Hospitals Program’ California Management Review 31(2) (2008) 8. James Barlow and Martina Koberle-Gaiser, ‘The private finance initiative, project form and design innovation: The UK’s hospitals programme’ Research Policy 37(8) (2008) pp 1392-1402 9. J Zheng, J K Roehrich and M A Lewis, ‘The dynamics of contractual and relational governance: Evidence from long-term public-private procurement arrangements’ Journal of Purchasing and Supply Management 14(1) (2008) pp 43-54 10. Mott Macdonald, Review of Large Public Procurement in the UK (London: Mott Macdonald 2002) 11. M Pollitt ‘The Declining Role of State in Infrastructure...
6 Pages(1500 words)Essay

Construction Law Innocent’s architects to call for changes and review. Finally, this section will deal with the dampness problem that was discovered after the contract was rectified. Question (A) In this section, the position of Innocent in relation to their architects's findings are examined in relation to the principles of contract law, breach of contract and the common law doctrine of temporary disconformity. Rules The terms of a contract can be express by incorporation by the terms of reference or implied by relevant legal rues. Exclusion clauses cannot be applied in cases of negligence and major activities that are not done in good faith1. In this broad and general framework, the HGCRA states that the...
14 Pages(3500 words)Essay

Construction Law

...Construction Law Partnering, as a contractual relationship should be considered at an early stage in the project cycle and some form of business relationship strategy needs to be included in the overarching Procurement Strategy. First part of the answer will be discuss regarding this subjects, second part of the answer evaluate the four implied terms and finally, the Contracts (Rights of Third Parties) Act 1999. Order#: 154497 Deadline: 2007-03-09 16:11 Pages: 8 Style: APA Language Style: English UK Part 1: Answer: In order to answer this question it is necessary to have a clear knowledge about partnering. For to answer the second part of the question, the co-operative principles of partnering,...
8 Pages(2000 words)Case Study

Construction Law

...Construction Law Ans The Draft protocol was devised with the intent of providing guidance on common issues arising in construction contracts, so that parties can use such guidance as a tool and avoid disputes. However the protocol has been criticized for this very reason and critics have stated 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 placed on par with other kinds of projects because delays in construction and claims arising...
9 Pages(2250 words)Essay

Construction Law

...Construction Law Ans Scenario: In order for any contractual obligations to exist between two parties, there must be a valid offer from an offerer and a valid acceptance from the person who accepts the offer. A tender is akin to an advertisement, it is merely like an invitation to treat.1 Therefore, the two tenders initially offered by the two companies are only offers and a valid acceptance would require further qualification. However in the case of Blackpool and Fylde Aeroclub v Blackpool BC (1990) damages were awarded for a breach by an undertaking when they did not consider all the conforming tenders2. In this case, the tender arrived on time, but lay in the letterbox, therefore it was deemed to be a...
8 Pages(2000 words)Essay

Construction Law

...Construction Law Word Count: 2285 I. Introduction As the global economy is living through its worst crisis for about 90 years many changes are happening. Priorities change, accepted norms are being questioned, globalization which was thus far a given is now debated again, protectionism is starting to appear in the most unexpected of places (US, EU construction industry etc.). Chief among those is the organizational structure that can best utilize precious limited resources to maximize the return on the organization’s performance in construction. Furthermore, success potential can be enhanced by the combination of a sound choice of structure, adequate planning for its...
8 Pages(2000 words)Assignment

Advanced Construction Law

...Advanced Construction Law – BSM 576 Section A Question A1 The term “designer ‘has broad meaning and pertains to the functions carried out insteadof the job title or profession. Designers are one who are involved in the preparation of design drawings, bills of quantities, specifications and detailing out the specification of substances and articles. The term designer includes engineers, architects and quantity surveyors. Health & Safety issues of a construction project are dealt by “the Construction Design and Management (CDM) Regulations, 1994”. Under this law, an architect can be held accountable if he has failed to forewarn the client...
14 Pages(3500 words)Essay

Construction Law resit

...Construction Law Resit Construction Law Resit Introduction In the English tort laws, an individual may owe the other a duty of care. The chief purpose of the obligation of care is to ensure that one party do not experience any harm or loss due to the action of the other party. A breach of the obligation of care attracts a legal liability to the tortfeasor that lead to compensation of the victim in question for any losses incurred. According to the same law, the duty of care only existed from a contractual arrangement such as the case of Nina and the Contractor. However, in the course of the 20th century, the duty of care extended to an individual owing the stranger a duty of care as stipulated in the Common Laws. The doctrine... to the...
6 Pages(1500 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Advanced Construction Law for FREE!

Contact Us