Construction Contracts施工合同.pptVIP

Construction Contractsand Project Delivery Methods ACT 380 * Objective Exposure to the different types of construction contracts, the number of contracts, the method of contractor selection and the basis for contractor payment. * Contract Defined An agreement between two or more parties representing a promise to be performed for consideration * Necessary Parts of a Typical Construction Contract Parties identified Parties make promises that constitute an offer Both parties sign the contract Both parties receive consideration: Contractor – payment for work done Owner – use of the completed project Parties of the contract must have the LEGAL AUTHORITY to negotiate a contract * Contractual Relationships Agreement between the OWNER and CONTRACTOR is the primary construction contract There are other contractual relationships which exist * Construction Agreement Forms Agreement – legal, binding, written document signed by owner contractor Defines the relationships and obligations that exist By reference it incorporates ALL OTHER CONTRACT DOCUMENTS * Standard Forms AIA Document A101 EJCDC Document 1910-8-A-1 * Advantages to Using Standard Agreement Forms—Disadvantages if Modified Forms Used Advantages Familiarity of the forms Legal precedents interpreting the documents Uniformity of terminology Disadvantages Modifications warrant care that all references are coordinated (change in one part of the form may require changes in several locations) Seek legal counsel * Conditions of the Contract Define basic rights, responsibilities, and relationships of the parties involved in the construction process in greater detail than the agreement * Design Construction Parties Owner – may be an individual or an organization; initiates the project and secures funding for the design, construction and operation of the completed project Contractor – agrees to build the project; may enter into sub-contracts A/E – develops project designs and prepare construction documents; consultants may