The Assignment Tasks
A newly formed small construction company is considering tendering for a sub- contract in a large residential and retail development.
Write a report for your managing director, who has absolutely no legal background, informing him of the matters of which he should be aware in both obtaining and administering the contract.
Your report should address the following matters but there may be others on which you may wish to comment.
1. Contractformation–intention,offer,acceptance,consideration.
2. Expressandimpliedterms;conditionsandwarranties.
3. Theeffectofpossiblemisrepresentationandtheextenttowhichmistakes can vitiate a contract.
4. Dischargeofacontract–performance,agreement,frustrationand breach.
5. Remediesagainstapartyinbreach.
6. Demonstratesomeknowledgeofthetypeofcontractsusedinthe construction industry, with particular reference to JCT, NEC3 and bespoke contracts.
