standard form contract

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standard form contract

a contract that is not specially set out for the transaction in question but is drawn up in advance and applied to numerous transactions. Such contracts are not defined in the Unfair Contract Terms Act 1977 but controlled by it. The concept is that one party is only willing to trade on a set of terms that have been thought out in advance and usually favour the party putting them forward. The other party is usually offered the terms on a ‘take it or leave it’ basis. A term that is not individually negotiated is more likely to be an unfair contract term by virtue of the Unfair Terms in Consumer Contract Regulations.
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In the Sultanate of Oman, most construction contracts entered into use Standard Documents for Building and Civil Engineering Works, usually referred to as the Standard Forms of Contract.
Most standard forms of contract, while addressing delay, do not expressly address disruption, and it is left to being a claim based on a breach of the contract.
However, the traditional lump-sum model generally prevails in this market, usually with onerous employer-biased terms introduced to standard forms of contract, such as the FIDIC Red Book.
You should also consider whether you require bespoke amendments to those standard forms of contract in order that the contract better suits your needs.
Contracting requirement on liability for damage caused to a third party supplier is presented in standard forms of contract.
Paul has experience of working with all standard forms of contract including JCT, ICE, NEC, FIDIC and IChemE.
The JCT and other standard forms of contract expressly protect clients in this regard by allowing 5% retention till the issuance of the final certificate.
And that's on top of the costs already incurred by the industry in devising so-called standard forms of contract, the majority of which originate in legal offices around the country where lawyers are busily working on the premise that their efforts are geared to fully protecting the interests of their clients.
It is by no means perfect - from a contractor's standpoint - but it is a beginning and at long last clients are beginning to appreciate that standard forms of contract have great value and lead to lower prices if much of the contingent risk can be allocated or removed.
Construction Law by Julian Bailey provides a detailed treatment to the major issues arising out of construction and engineering projects, with extensive references to case law, statutes and regulations, standard forms of contract and legal commentary.
FIDIC are standard forms of contract for use between employers and contractors on international construction projects.
Accustomed to standard forms of contract, such as FIDIC or JCT, and to being obliged to address issues arising during the defects liability period following practical completion, contractors may not realise that their existing risk management structures are often insufficient to cover their potential exposure under decennial liability, nor has the significant cost of insuring against that risk been priced into their tender for the works in Qatar.

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