1. University of Calgary Continuing Education
Construction Contract Law and Documents
Week 9
Review of Law
Standard Contract Documents

2. Review of Law Sovereignty – Common Law Courts Contracts
Source of Authority
Structure
Jurisdiction
Contracts
Formation
Offer, Acceptance, Consideration
Requirements
Consensus ad idem
Capacity

3. Review of Law Tender Law Owner Obligations Contractor Obligations
Subcontractor Obligations

4. Standard Contracts Purpose of a contract Not Contra Preferentum
Define duties and responsibilities of parties
Apportion risk between parties
Not
A list of procedures
Setting the stage for litigation
One-sided – designed to give one party the advantage
Contra Preferentum

5. Contract Terms
Examples of Terms
Scope
Price
Others??

6. Standard Contracts Why use standard contracts? Consistency
Standard Industry Terms

7. Standard Contracts Advantages Cheaper Common, well used terms
Tested in court
Useful as a checklist

8. Standard Contracts Disadvantages Nobody reads them
Reluctance to change them by consultants
“All things to all men” (persons)
Project Specific Requirements

9. Standard Contract Contract – Owner – Drywall Contractor
Essential Components
Name Parties
Date
Signatures & Seals or witnesses
Terms

10. Standard Contract Did you remember… Payment clause Jurisdiction
Law to be applied
Dispute Resolution
Liquidated Damages
Coordinate with lien legislation – holdback
Bankruptcy

11. Standard Contract
Review of CCDC 2

12. CCDC 2 – Stipulated Price
Structure
Contract
Who does what to whom
Definitions
General Conditions
Details

13. CCDC 2
Contract
Definitions

14. CCDC 2 – General Conditions
2 – Administration
3 – Execution of Work
4 – Allowances
5 – Payment
6 – Changes

15. CCDC 2 – General Conditions (Contd)
7 – Default Notice
8 – Dispute Resolution
9 – Protection of Persons and Property
10 – Governing Regulations
11 – Insurance
12 – Indemnification, Waiver, Warranty