Abstract Federal contracts for construction, while similar in many respects to other types of federal contracts, have some unique aspects that have caused the federal government to create a system of rules within the Federal Acquisition Regulation (FAR) specific to construction contracts. The federal government has been justified in creating these rules separate from those that apply specifically to supply and service contracts. This paper focuses on some of the unique rules and regulations that apply to federal construction contracts, including those related to contract types, labor laws, specifications, payments, delays, and differing site conditions.
Abstract
Overview
Contract Types
Federal Construction ContractingLaws Contract Performance and Specifications
Payment Financing
Delays
Differing Site Conditions
References
From the Paper "The federal government is the largest owner of real property in the world (Bastianelli, et. al., 1998), so it stands to reason that they spend an enormous amount of money on construction and maintenance of that property. It is difficult to gauge exactly how much the federal government spends on construction annually, but it is noteworthy that the Department of Defense alone planned to award over $10 billion on construction contracts in 2002 (Bush, 2001). Because of this significant amount of construction outsourcing, and the intricacies that go along with construction contracting, the federal government has been justified in developing unique regulations and rules for construction contracts. The federal government, in the Federal Acquisition Regulation (FAR), defines construction as, ?"construction, alteration, or repair (including dredging, excavating, and painting) of buildings, structures, or other real property"? (FAR 2.101). Determining whether or not something is considered a building or a structure is general straightforward, although there are always exceptions. However, the line defining whether or not something is real property can, at times, be somewhat unclear. The FAR does not provide a definition for real property, but in federal contracts the common legal definition is used, that real property is, ?"land and all things that are attached to it"? (Lectric Law Library, 2003). Though many of the clauses, terms and conditions, and rules applicable to federal construction contracts are the same, or similar, to those that are used on federal contracts for supplies, there are a number of differences in the nature of contracting for construction that have caused the federal government to create separate laws that deal specifically with federal construction contracts. One of the major differences is that construction contracts are performed on Government property. Because of this, construction contractors are subject to a great deal more in the area of inspections and general surveillance on their contracts (Abernathy and Kelleher, 1976). Construction contracts typically have much more paperwork than federal supply contracts. On construction contracts, a contractor is required to file daily reports showing that they complied with all the unique construction regulations, including safety, schedules, and submittals of material samples (Arnavas, 2001, ?? 27.4.a.). Construction contracts are subject to much greater scrutiny on performance than supply contracts, as detailed analysis and explanation of any deficiencies are reported to contractors and contractors have the right to respond. Past performance information is also kept on construction contracts for six years, where the norm on supply contracts is three years (Arnavas, 2001, ?? 27.4.a). Other differences that will be the focus of this paper include contract types, labor laws, specifications, payments, delays, and differing site conditions."
Abstract The paper reviews a contractcase involving a young woman who has driven two of her co-workers to work for a number of months and who also drives her younger sibling to school each day. The paper outlines what aspects of traditional British and Canadian contractlaw are applicable and explores what obligations the driver has to each of the three individuals discussed above. The paper shows how oral contracts, while more difficult to enforce in a court of law, are nonetheless binding upon the parties involved and impose real terms and conditions that should be respected.
From the Paper ""Sally" is a person who drives to work each day. In so doing, she also brings along with her two co-workers, Mary and George. When she first started giving Mary and George rides to work, she was informed by Mary that the latter would pay her a certain sum of money each month to go towards the cost of gas and towards vehicle maintenance; Mary also told Sally that she would need a month's notice if the latter could not take her to work as she had trouble securing an alternative means of transportation. For his part, George did not offer Sally any money at the start, but the end of the first month did inform Sally that he would give her a certain amount of money each month for the "inconvenience" of having to drop by his house early each morning. Incidentally, Jason is Sally's younger brother and he promises to keep the car clean and "mechanically sound" if she will provide a lift each day."
Abstract This paper discusses laws that apply to breach of contract, related to an interview the writer conducted with Mr. James Pflanz (a lawyer specializing in small business issues). The writer explains how the law of contract is part of private law, and is designed to make sure that parties to a contract keep their promises to each other, and to provide remedies if parties do not keep their promises. The writer further discusses how in the case of partial or complete breach of contract, the wronged party may use contractlaw to try and get a remedy, which is usually damages. The writer asserts that it is very important in business to have a really good contract drawn up by a lawyer, so that a party does not suffer undue losses due to breach of a poorly written contract.
From the Paper "One of the main purposes of contract law is to promote cooperation between parties, and make them keep their promises to each other. When parties cooperate and keep their promises, they can achieve success. However, if they do not work together and cooperate, or if they break their promise, then things can go very wrong. Money may be lost, and it may become a situation where the different parties blame each other for losses. Or else, it may be that a party does not do what they were supposed to do, or do it properly. In this situation, the law of contract lays down ways in which the wronged party can sue for breach of contract. This is the kind of situation I uncovered in a personal interview with Mr. James Pflanz, a lawyer specializing in small business issues."
Abstract The paper discusses civil contracts and provides an example of a breach of contract lawsuit against a florist who provided the floral arrangement for the plaintiff's wedding. The paper explains that according to contractlaw, the plaintiff will probably not be entitled to any damages demanded.
Outline:
Topic Summary - Breach of Contract Application of Law Opinion
From the Paper "Civil contracts require performance by both parties. Usually, but not always, one party to a civil contract agrees to perform a service or provide certain goods for which the other party agrees to pay an amount specified in the contract. Where one party refuses to perform his obligations required under the terms of a valid contract, this violation breaches the contract (Miller, 1988).
"Sometimes, a party performs the service or provides the goods specified by the contract, but a dispute arises between the parties concerning that performance. If the performance fails to meet certain elements of the contract, that is also considered a breach of contract, because the party paying for goods or services does not receive the goods or services actually specified under the contract. If the elements of the contracted goods or services not satisfied is considered a material term of the contract, that unsatisfactory performance is also a breach of contract (Miller, 1988)."
Abstract This paper discusses the differences between tort law and contractlaw, and how they impact on the individual and/or organization. According to this paper, taking legal action based on tort law and contractlaw, is not simple. One has to taken the issues involved into very careful consideration. This paper reviews the issues and the necessary steps to be taken.
From the Paper "Tort law and contract law specifically impact individuals or organizations that believe that they have encountered others who have negatively impacted them in an intentional manner. Yet, the determination of finding legal recourse through tort law or contract law requires specific attention to the actions that have occurred, as well as whether or not those actions may encompass both areas of law in relation to the individual. Contract law is, by definition, an agreement between two parties in which both are willing to enter into a binding mutual exchange where both entities benefit. The contract states what the parties are willing to exchange and generally provides all of the stipulations of that agreement in documented or verbal form (Rowley). The documentation or verbal agreement allows the parties to have proof of their intentions, and should those intentions not be met either party has a legal recourse through lawsuit as necessary."
Abstract This three page paper examines the legal issues concerned with consumer products in the UK. In this context, it is evident that identifying liability for any harm or injury that ensues from the purchase and use of a product is the central issue. The writer points out that liability is determined by a number of factors, including the accuracy of ads and labels, the responsibilities of consumers to read and heed the information in ads and labels, and a number of other relevant issues, such as the applicability of exclusions and limitations.
From the Paper "In analyzing the legal issues concerned with consumer products, it is evident that identifying liability for any harm or injury that ensues from the purchase and use of a product is the central issue. Liability is determined by a number of factors, including the accuracy of ads and labels, the responsibilities of consumers to read and heed the information in ads and labels, and a number of other relevant issues, such as the applicability of exclusions and limitations. Evaluating the various legal remedies available to protect UK consumers from faulty products and fraudulent advertising requires not only an examination of consumer protection law, but assessments of their effectiveness. An in-depth understanding of the remedies concerning breach can be demonstrated by discussing specific case examples."
Abstract This paper explores e-commerce and the legality of such translations that are increasing so rapidly. The paper examines the formation of electronics contract and discusses the position it holds in law. Case studies are included in the paper.
From the Paper "Amazon.co.uk is a web site company that sells books, DVDs, CD's, software and video games. In their terms and conditions, it says: Acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time Amazon.co.uk sends the e-mail to you (whether or not you receive that e-mail)?? As in the postal rule ? whether or not acceptance is received, it will be deemed to be an effective contract."
Abstract This paper examines the concept of mistakes, as it compares and contrasts the role of mistakes in English contractlaw and German contractlaw. Also, the paper presents a report that confirms the role of mistakes in English contractlaw which complements, more than contrasts, German contractlaw. The paper explores various questions about how mistakes are dealt with in both English and German contractlaw.
From the Paper "The equities of the party relying on the declaration are protected by his/her claim for negative damages. The adoption of the subjective standard will no doubt increase litigation and make the decision of actual cases more difficult. Also, ingenious council may routinely occupy much of the courts' time with discussions as to the probable operation of a given mind under hypothetical circumstances. If the other party is clearly entitled either to positive or two negative damages, the court will frequently find a difficult challenge deciding the management of damages are to be measured".
Abstract This paper discusses the theory of contract and provides a review of contemporary legal contract theories, the relation between contractlaw and trust and how important lawyers are in contractlaw for promoting trust in commerce. The paper shows how contracts are the primary business instrument used to transact commercial exchanges in the United States and abroad today. The paper concludes that contractlaw serves as a bastion of last resort because people will tend to behave in ways that maximize their self-interests at the expense of others.
Outline:
Introduction
Review and Discussion
Conclusion
From the Paper "Before examining any regulation of contracts, though, Collins (1999) suggests that it is important to gain some concept of a typical contractual relation itself: "This relation plainly differs from other types of human association, such as those found between friends, neighbors, members of a club, and between members of a family. Such an investigation of the social institution of contract presents a considerable problem, because the idea of contract possesses a confusing surplus of meanings" (p. 13). On the one hand, Black's Law Dictionary (1990) defines a contract as "An agreement between two or more parties which creates an obligation to do or not to do a particular thing. As defined in Restatement, Second, Contracts, Section 3, 'A contract is a promise or a set of promises for the breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a duty'" (p. 322)."
Abstract While the United States and Australia are literally a world apart geographically, the two countries share much in common today, including the English language; a legacy of British influence, customs and traditions; a comparable constitution; and, more importantly for the purposes of this discussion, the common law. The research shows that the respective contractlaws that evolved over time in these two countries share this heritage, but some important differences have emerged that can make the difference between a successful contract and a failed one. Given the importance of timely and equitable adjudication of contracts of all types today, though, it is therefore important to understand when these legally binding instruments can be set aside and for what reasons. To this end, this paper provides the relevant background and a discussion of how and why contracts can be set aside in Australia and the United States. This is followed by a summary of the research and salient findings in the conclusion.
Outline:
Introduction
Review and Discussion
Background and Overview
ContractLaw in Australia and the U.S. - Current and Future Trends
Conclusion
References
From the Paper "In fact, the legal system used in the United States and in most of the member states of the Commonwealth of Nations, including Australia, in based on this body of common law. As a result, common law is differentiated from formal rules that were developed by the separate acts of equity, to statute law (i.e., the acts of legislative bodies), and to the legal system derived from civil law that is now more popular in continental Europe and elsewhere (Kiralfy 2006)."
Abstract The paper explains that contractlaw has been developed as part of common law and is used to define the necessary parts of the contract and analyze risk in the contract situation. The paper looks at the requirements of a valid and legally binding contract and lists the various types of contracts. The paper also presents an example of an individual making an offer to acquire a property. The paper then looks at the function of communicating and reporting as part of the process of management and risk. Finally, the paper discusses the reasonable person test that can be included as a clause in a contract to help decide potential disputes.
From the Paper "There are certain elements required of a valid and legally binding contract. A contract is an agreement that involves an offer made and accepted. It is an agreement that is voluntarily created by persons with the capacity to contract. The objectives of the agreement must be legal, and usually the agreement must be supported by some consideration, or a bargained-for exchange of legal value. The law also requires written evidence of the existence of some agreements before they can be enforced, but there are other types of contract that may be valid without a written agreement."
Abstract In this paper, the writer describes the case of an individual who entered into two separate legal situations, one contractual and the other relating to Agency law. The writer relates the difficulties that arose during the course of these transactions and of the legal action taken by the individual to gain compensation for alleged losses. The author examines the history of the two disputes and the legal differences between the two cases.
From the Paper "In Jose's mind, he had accepted the Winnebago owner's final offer to sell the Winnebago for $25,000. According to the Winnebago owner, his original offer was to sell the vehicle for $30,000. When Jose offered $20,000 instead, that was a counteroffer which he rejected immediately. The Winnebago owner had then made a new offer to sell the vehicle to Jose for $25,000 which Jose never accepted, because when Jose responded "OK. If you change your mind, please call me," that was a rejection of his last offer. As of that rejection, the parties no longer had any outstanding offers or counteroffers on the table any longer except for the seller's original published offer of $30,000. Unfortunately for Jose, the lawyer he consulted confirmed the Winnebago owner's point of view and advised Jose to forget about any claim against him for breach of contract (Halbert, 24)."
Tags:law, contact, agency, claim, lawyer, business
Abstract Generally speaking, a contract is an agreement that is enforceable through the courts. Clearly, in order for all of the parties to any given contract to achieve the desired goals of the agreement, everyone involved must be informed of the circumstances and facts surrounding the agreement. It is important to capture all of the elements required for its execution when crafting the instrument. People - even lawyers - are only human, though, and intentional and unintentional mistakes and misrepresentations are sometimes made in contracts that can have profound implications for all of the parties involved. To gain a better understanding of what these implications might be, this paper provides an overview of contractlaw, and what the authorities have to say about contracts containing mistakes and misrepresentations. A summary of the research is provided in the conclusion.
Outline
Introduction
Review and Discussion
Background and Overview
Mistakes and Misrepresentations in Contracts Elements Required for a Contract to be Valid
Conclusion
References
From the Paper "The research showed that contracts are a special type of agreement between two or more parties that is enforceable in court. In order for a contract to be enforceable, though, the three key elements of consideration, capacity, and legality must be satisfied. To meet the legality element of this formula, a contract must be free of misrepresentations; however, mistakes can and are made all of the time in contracts and these can be remedied if all of the parties agree to it. In many cases, though, courts will enforce contracts even if they contain mistakes if the contract was made in good faith and satisfies the other requisite elements. Misrepresentations, though, generally represents a death blow to any contract if it is determined that one or more parties intentionally misled the other party or parties, and mistakes based on such misrepresentations will not be a legitimate defense for this misrepresenting party or parties."
Abstract This paper attempts to explore the capacity of minors in the United States to form contracts, to break contracts and their legal liabilities for doing so. The paper touches on issues including the rights of other parties to such a contract and the concept of emancipation of minors. The paper defines minors and age of majority and also presents a historical context.
From the Paper "The law of contracts is concerned with the rules governing legal agreements. Contractual capacity is the minimum competence required by law for a party who enters into a contract to be bound by it. Certain persons are not considered to have sufficient capacity to be bound to or by contracts they may sign. A minor is normally deemed not to have such capacity. A minor is a person who does not have the legal rights of an adult."
Abstract This paper is a careful examination of the similarities and differences in the business and legal climates in the UK and U.S. It discusses how the common law heritage of most of the countries in the United States (Louisiana's law are based largely on the Napoleonic Code) and the United Kingdom ensure a number of similarities in the manifestation of contemporary laws. It points out, however, like the electrical outlets and doorknobs in use in both countries, a sufficient number of differences exist to make direct comparisons between the two nations difficult but interesting. It explains how it has been shown that traditional contractlaws in the U.K. and U.S. have both developed rules and principles that control the voluntary assumption of obligations, regulating the performance of obligations so assumed, and providing sanctions for failure to perform. The writer concludes that both countries' cultural traditions are reflective of the respective country's heterogeneity and its central importance in world affairs over the past several centuries.
Outline
Introduction
Review and Discussion
Conclusion
From the Paper "The United Kingdom and the United States share a common heritage, language and culture. Even the U.S. Constitution itself was significantly influenced by the political concepts emerging from the U.K. at the time. Today, the two countries are staunch allies in the war on terrorism, and both countries continue to enjoy high levels of trade with each other. Notwithstanding the many commonalities between the two English-speaking nations, a sufficient amount of dissimilarities exist and a better understanding of these differences can provide some insight into how these countries engage in business today."
