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 Contracting Laws
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."

Tags:acquisition, architect, build, cfr, code, conditions, construction, contract, contracting, contracts, delays, design, differing, engineer, far, federal, laws, llabor, negotiation, payments, property, real, regulations, site, specifications, types

Abstract
This paper describes contract law and examines the different types of legal contracts. It looks at express contracts, bilateral contracts, unilateral contracts and implied contracts. The paper concludes with a discussion of what makes a contract legal.

From the Paper
"A contract is an agreement made between two or more people and when a contract is made it means that there is a duty created to do or not to do a particular thing. A contract agreement can be oral or written and its purpose is to establish an agreement between the parties concerned and to make clear to all involved their rights and duties which have been stated in the agreement. When an offer has been made and accepted then the parties involved have a legally..."

Tags:contract law, definitions, legal

Abstract
In this article, the writer discusses that contract law clearly builds on the philosophy of promises, and that one has the moral obligation to fulfill those promises which he or she has spoken or written in obligatory fashion. The writer maintains that there is an emphasis on that fact that no matter the altered circumstances, when the contract comes due, in a legal or moral sense that the contract, no matter how menial must be fulfilled simply as a matter of moral and ethical importance for the individual and any parties effected by the contract. The writer examines whether it is legal to let people break contracts and under what if any circumstances. Finally, the writer discusses whether it is ethical to let people or parties break contracts.

From the Paper
"This emphasis on economics as the incubator and overriding system that governs contract law makes it even easier for the economics of a contract being the impetus for its nullification. In other words the ethics of the matter are not really at hand, when contract breaking occurs, as it is clear that the ethical role of the individual and party is to fulfill the contract, even if it means no gain or harm to the individual or party. The legal obligation is an entirely different matter.
"Over the years it has been shown that the legal system often errs on the side of contract breaking, often on technicalities of the contract. Many contracts are becoming increasingly lengthy and legalistic, filled with riders and clauses that are anything but fail safes."

Tags:legal, obligations, moral, contract, breaking

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."

Tags:Contracts, contract law, minors, legal liability, contracts for necessary items, emancipated minors.

Abstract
This case study aims to provide advice concerning the contractual issues around the JCT IBC 2005 contract. The author creates a scenario where a university is the client who has requested some advice and further clarification concerning the contractual difficulties that have been encountered. The paper relates the background of the situation - the client had deferred possession of the site to the contractor under the terms and conditions as set out the JCT IBC (2005) contract which resulted in the contractor's request to claim for direct loss and expense. The author addresses the issues of direct loss and expense, and adjustment of the completion date as related to the terms stipulated in the JCT IBC 2005 contract. The author explains the roles of parties that might be involved in such a scenario such as architects and sub-contractors. The paper also includes recommendations for better practices for future projects for the client.

Contents:
Introduction
Current Situation
Claims for Direct Loss and expense
Claims for Extension of Time and LADs
Role of the Architect
Procurement Considerations and Implications of Sub Contractors
Conclusion
Bibliography
References

From the Paper
"This report has been produced to provide practical advice to the University (herein 'the Client') on the contractual issues around the JCT IBC 2005 contract. The client proposes to refurbish a Police Authority Building opposite the main campus. The contractor was appointed under a Traditional building contract using the terms and conditions as set out the aforementioned standard form of contract, and has just started on site. The client has already experienced some difficulties and has requested some advice and further clarification concerning the contractual difficulties that have been encountered."

Tags:building contract, contractual difficulties

Abstract
The paper explains how contracts serve as private agreements that have the purpose of ensuring that promises between two parties are carried out. Individuals enter into legal contracts willingly as a means of protecting their interests in whatever ventures the contract relates to. Furthermore, the paper explains that when contracts are signed, the parties traditionally believe that the agreement, if broken, will be enforced through the judicial system.

Tags:contract, law, enforcement

Abstract
The paper explains that Common Law is law that developed and continues to evolve in the courts, meaning it is judge made law. The paper further explains that Common Law relies heavily on precedent and is reasonably uniform throughout the nation and in all states. The paper then discusses how the nature of contract law has been developed as part of the common law and is followed in defining the necessary parts of the contract and in analyzing risk in the contract situation.

From the Paper
"The Common Law is law that developed and continues to evolve in the courts, meaning it is judge-made law. Common Law relies heavily on precedent and is reasonably uniform throughout the nation and in all states. The nature of contract law has been developed as part of the common law and is followed in defining the necessary parts of the contract and in analyzing risk in the contract situation. 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,..."

Tags:contract, common, law

Abstract
The following paper gives an overview of a contract case involving a young woman and her commitment to driving co-workers and a sibling each day. The paper focuses on the obligations in an oral contract. It further cites that oral contracts, while more difficult to enforce in a court of law, are nonetheless just as binding upon the parties involved and impose real terms and conditions that should be respected.

From the Paper
"The following paper will briefly review a contract case involving a young woman who has driven two of her co-workers to work for a number of months and who has also taken the time to drive her younger sibling to school each day. The paper outlines the facts of the case as well as what aspects of traditional British and Canadian contract law are applicable; most importantly of all, the paper sets forward what obligations Sally has to each of the three individuals discussed above. In the end, what should be clear is that oral contracts, while more difficult to enforce in a court of law, are nonetheless just as binding upon the parties involved and..."

Tags:contract, law, sally

Abstract
This outline identifies four types of healthcare contracts--teletracking, Workman's Comp, health insurance, and contract physician services--and identifies what they are and when it is necessary to use them, as well as comparing and contrasting Workman's Comp with the others.

Tags:healthcare contract, contract physician, teletracking, Workman's Compensation, health insurance

Abstract
This paper examines the "The Social Contract" by Jean-Jacques Rousseau which argues that we are all born free and equal, yet do not live either freely or equally. It discusses the argument that the construction of the General Will is the means by which people can achieve freedom. The General Will is the social contract where all members of society agree to obey the General Will to be part of society. Rousseau argues that by this General Will, the separate wills of each member of society converge into one and that freedom is achieved because every citizen is equal, each being a single unit of the General Will and having the same amount of influence over it. It considers the implications of the General Will and the social contract and how Rousseau's version of freedom and equality may never be truly attained, however this may be a reality of a society, rather than a downfall in the theory.

From the Paper
"Rousseau differentiates between two types of freedom, personal freedom and social freedom. Personal freedom is an individual's own selfish choices, where an individual will carry out only those actions that are of benefit to them. Social freedom is the freedom achieved when an individual carries out those actions that the General Will requires. Rousseau argues that social freedom must be achieved at the expense of personal freedom. This is the cost of being part of a society. Thus while an individual is born free, their freedom in society cannot exist until they give up their personal freedom. Giving up their personal freedom for social freedom, means all individuals act in accordance with what is best for society as a whole, not their own needs and wants. It is true in this, that individuals do give up freedom."

Tags:general, will, social, contract, individual, freedom, society