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Conditions of Contract are the terms and conditions that establish and set the rights and obligations of the parties when a contract is entered into.
In a construction contract, the conditions are typically broken into two parts. The first is known as the 'General Conditions' and these are the conditions that are common to all contracts of a similar nature. General Conditions generally include clauses that address matters such as health and safety, what happens in the event of dispute or default by one party and who is responsible for insuring the works. The other section is known as the 'Special Conditions' and these are the conditions which are peculiar to a specific contract and may include things such as price, time for commencement and completion and scope of the works. In the past, Conditions of Contract for Construction Contracts have been prepared by one party or trade organisation and therefore tend to be weighted in favour of the party who prepared the document. That situation, whilst representing the agreement made on the day, is often the cause of much anxiety and conflict when the contract is underway. That is because it is not until then that most parties stop to take any notice of what it is that they agreed and when one side finds out that the other is 'unfairly advantaged', it can irreparably affect the relationship with each side trying to gain any advantage possible over the other. However, in most situations the parties have not prepared any form of contract and relied on a handshake and, at best, a quote from the builder. To repair that situation and to ensure that Members enter into contracts that are fair to both parties, BUILDSAFE® has developed the BUILDRIGHTTM Conditions of Contract. In essence, these Conditions of Contract provide fair terms for the parties to operate under and are designed to enable the prompt and efficient completion of the Contract Works for the owner and payment of the agreed price to the Contractor on time. There are 3 Contract Documents which Members are welcome to use: BRCC1:2009 BUILDRIGHT Residential Conditions of Contract for large residential projects... BSPCC1:2009 BUILDRIGHT Conditions of Contract for Small Projects such as a deck or bathroom which ... BSCC1:2009 BUILDRIGHT Subcontract Conditions of Contract for use by a Contractor and a Subcontract which... |
