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.