The standard form of contract shall never change the law and where there are contradictions the law prevails. 12
11/15/2016 3 STANDARD FORM OF CONTRACTS Standard Forms of Contracts Standard forms of contracts must be read in light of any other contract document. They must not be used in isolation. They must be read in light of practical operation of other contract documents. They must be read in light of not everyone knows what is wanted and that there will always be disagreements. 13 CONTRACTS What are the characteristics of a good Standard Form of Contract? 1) Accuracy Text should be substantively accurate Words and provisions should be selected and arranged so that they accurately communicate what the parties want 14 CONTRACTS What are the characteristics of a good Standard Form of Contract? 2) Clarity – Opposite of ambiguity The text should be understandable to the reader The provisions must be capable of only one plausible interpretation – the one intended by the parties. Achieved by choosing words carefully, structuring sentences properly, correct grammar Internally consistent and complete terms Recall: Contra proferentem – means that an ambiguous phrase will be construed against the person who selected the language, the drafter of the document. 15 CONTRACTS What are the characteristics of a good Standard Form of Contract? 3) Brevity Long enough “but not one word longer” Words and phrases that contribute nothing should be eliminated 16 CONTRACTS What are the characteristics of a good Standard Form of Contract? 4) Simplicity The text should be simple to read and comprehend Use simple sentences and words 17 CONTRACTS What are the characteristics of a good Standard Form of Contract? 5) Tone Appropriate words Proper grammar “Mature language” Language consistent with the subject matter 18
11/15/2016 4 CONTRACTS What are the characteristics of a good Standard Form of Contract? 6) Appearance “Professional appearance” Readable typeface and font Effective numbering system Headings and sub-headings as necessary Consistent margins Consistent formatting Correct spelling Correct grammar Correct cross-references 19 STANDARD FORM OF CONTRACTS What are the parts of Standard Form of Contracts? Name or title of the contract Introduction Statement of purpose Statement of agreement Definitions Performance provisions Boilerplate Signatures 20 STANDARD FORM OF CONTRACTS Name or title of the contract Usually written at the top of the first page; e.g AGREEMENT AND CONDITIONS OF CONTRACT FOR BUILDING WORKS Should be brief 21 STANDARD FORM OF CONTRACTS Introduction Introduction paragraph identifies the parties to the contract Shows the capacity in which the parties are entering into the contract (Employer, Contractor) May include the effective date of the contract 22 STANDARD FORM OF CONTRACTS Statement of Purpose
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- Fall '16