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Civil Engineering Lectures

Tag: Contract Law

Breach of Contract

Law of Contract – Remedies for Breach of Contract

Posted on July 21, 2024July 21, 2024

Discover the key remedies available for breach of contract, including damages, specific performance, and injunctions. Learn how each remedy works and when they are applicable in cases of contract breaches

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Mediation – in Construction Contracts

Posted on May 27, 2023May 27, 2023

Mediation is an effective method of preventing, managing, and resolving conflicts.  However, a mediation process requires more than the appointment of a high-profile individual to act as a third party. To be effective, opponents need to be convinced of the merits of mediation.  Ad-hoc and poorly coordinated mediation efforts, even when launched with the best…

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Decision to tender in construction contract

Posted on May 15, 2023May 15, 2023

The decision to tender for a particular contract is mainly the responsibility of the senior management of the contracting firm.  There are three possible stages during the estimating and tendering process where this decision must be made.  The first is during the pre-selection stage if a pre-selection is carried out. This decision would be based…

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Pre-Qualification – for Construction Contracts

Posted on May 15, 2023May 15, 2023

Construction contracts are normally awarded to a qualified bidder who is having: – Appropriate capabilities; and – Other resources. This can be achieved in two ways: a) To verify whether the selected bidder possesses the required qualifications and experience before the contract award (post qualification); b) To ensure that bids are submitted only by firms…

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VALUE FOR MONEY IN PROCUREMENT

Posted on May 14, 2023May 14, 2023

Value for money is an audit examination designed to determine whether the organization in question is performing economically, efficiently, and effectively in its use of resources, operating procedures, and in pursuit of objectives. In the private sector, the economy, effectiveness, and efficiency of their services or products are reflected in the Balance Sheet and in…

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Conditions of Contract – in Works Contracts

Posted on May 14, 2023May 14, 2023

Definition of a Contract The term contract can be defined as an agreement that is enforceable by law. Works contracts are different from other contracts.  Some of the special features of civil engineering works are:- 1. One-off projects – never the same, e.g. location, time. 2. Labour is transient and recruited on an ad-hoc basis….

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BIDDING DOCUMENT for Works contracts

Posted on May 14, 2023May 14, 2023

Purpose of the bidding document The most significant purposes of the Bidding Document are: i) To instruct bidders on the procedure for submission of bids (steps, what to do, when, etc.); ii) To describe works to be procured (specifications / BOQ, etc.); iii) To inform the bidders of criteria for evaluation (price & non-price factors);…

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Service Contracts

Posted on May 14, 2023May 14, 2023

Definition of a service contract A contract for pecuniary interest concluded in writing between a service provider and a contracting authority, i.e. client. Definition of a service A service is a work that is not part of an organization’s core business, i.e. its main function, but which needs to be provided to carry out the…

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Law of Contract – Unilateral and bilateral contracts

Posted on September 12, 2021September 12, 2021

Most contracts are bilateral. This means that each party takes on an obligation, usually by promising the other something – promise in return for a promise.

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Law of Contract – the basics

Posted on September 12, 2021September 12, 2021

The basis of the law of contract is the legal enforceability of promises. In breach of contract, the innocent party has several legal remedy.

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Law of contract – The Necessity of the Law

Posted on September 5, 2021September 6, 2021

Contract law tries to enforce obligations which the parties have voluntarily assumed. However, all contracts do not have to be in writing.

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Law of Contracts – Basic Legal Issues

Posted on November 11, 2020January 14, 2021

A contract is an agreement between parties. It is binding in law. It means the rights and obligations of the parties under a contract may be enforced by the courts.

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