Contract Law for Surveyors and Project Managers

This session will include:

• Offer, acceptance and consideration – formation of contract
• Incorporating terms by reference but not including them into the agreement (e.g. available for inspection)
• In what situations can acceptance be made by conduct of one of the parties

• Misrepresentation (tender documents, ground reports etc).
• Estoppel and waiver (can the parties rely on terms strictly when previous conduct has relaxed the rules)
• Discrepancies and ambiguities between terms of the contract including amendments thereto (how should they be construed and interpreted)

• The application of implied terms when the terms of the contract are silent on a situation
• The law of damages for breach of contract (general common law damages and liquidated damages), including defences of mitigation
• Limitation period for liability for defects
• Prevention and time at large