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6CN011 Contract Law and

Dispute Resolution (Qatar)


Lecture No.1
Standard Contract Initiatives +
Forms
Dr Ezekiel Chinyio
09 January 2012

Todays Session
To examine:
The formation of construction
contracts in brief
The role of contract documents
Standard forms of contract in use
(e.g. FIDIC)
Some conditions of contract in
construction
An overview of FIDIC conditions of

A Contract
Legally involving
Offer
Acceptance
Consideration
Intention to create legal relations
Capacity of the parties involved

Contract Documents
Often being:
Drawings
Bill(s) of Quantities
Specifications
Standard form of contract (e.g.
FIDIC)
etc
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Contracts and Standard


forms
Each major project/contract involves
the use of
A standard form of contract
NB: There are lots to choose from

Plus other contract documents

Standard Forms versus AdHoc contracts

Specially worded (ad hoc) generally


not advisable.
Lawyers employed to write ad hoc
contracts or even amend and revise
standard forms of contract often
produce situations which lead to
disputes.
Standard forms minimise difficulties
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Standard forms of
Contract
There are many standard forms of
contract, e.g.:
FIDIC forms
Red book (B&E works)
Yellow book (P + D&B)
Silver book (Turnkey)
Green book (Short form)
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Standard forms of
Contract
There are many standard forms of
contract, e.g.:
JCT contracts, e.g.
JCT main contract 2009 (2nd ed)
Has several variants

JCT Minor Works


JCT D&B
Etc.
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Institute of Civil Engineers


(ICE) SF contracts

ICE
ICE
ICE
ICE

7th edition
Design and Construct
Minor Works
Term Contract

Other Standard Forms

ECC / NEC3
ECC Subcontracts
Project Partnering Contract
(PPC2002) published by Association of

Consultant Architects (also publish other forms)

Prime Contracting Forms


MOD and NHS

issued by

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Other Standard Forms

GC/Works (General Conditions of Government


Contracts for building and civil engineering
works) known as GC/Works/1, used by
Government departments for work they
commission
Edition 3 was superseded by PSA/1 published
in August 1994 for work in both private and
public sector, using a BoQ.
GC/Works/2 for minor works and GC/Works/3
for mechanical and electrical work, trade
contracts and term contracts.

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Other Standard Forms


Identify other standard forms you
know:

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Standard forms of
Contract
There are many standard forms of
contract
Each (major) project will use one
form (standard conditions) of contract
A knowledge of the different contract
forms enhances a choice of the most
appropriate form for each project
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Exercise
Working in groups of three
Discuss and draft 10 conditions of
contract between an Employer and a
Contractor
Present your conditions to the class

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Conditions of Contract
There are many standard forms of
contract
1.They have their differences
2.They also have similarities, e.g.:
There is room to vary the works while
the project is on-going
The contractor can often sublet the
works
Interim payments for work done

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Examined in this module


FIDIC Standard Form of
International Construction
Contracts - Red Book
Also: Overviews of JCT Main
contract and JCT D&B
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Todays Session
Has covered:
The formation of construction
contracts in brief
The role of contract documents
Standard forms of contract in use
(e.g. FIDIC)
Some conditions of contract in
construction
An overview of FIDIC conditions of

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Lecture No.1

The End
Q&A
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