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…
Tag: Contract Law
Decision to tender in construction contract
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…
Pre-Qualification – for Construction Contracts
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…
VALUE FOR MONEY IN PROCUREMENT
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…
Conditions of Contract – in Works Contracts
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….
BIDDING DOCUMENT for Works contracts
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);…
Service Contracts
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…
Law of Contract – Unilateral and bilateral contracts
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.
Law of Contract – the basics
The basis of the law of contract is the legal enforceability of promises. In breach of contract, the innocent party has several legal remedy.
Law of contract – The Necessity of the Law
Contract law tries to enforce obligations which the parties have voluntarily assumed. However, all contracts do not have to be in writing.