Contract responsibilites Flashcards
What are the essentials of a contract?
- Offer and acceptance
- Intention to create legal obligation
- Genuine consent
- Capacity
- Consideration
- Possibility of performance
- Contract documentation and features
- Deposit and signing a contract
These elements must be present for a contract to be legally enforceable.
Define a contract.
A contract is an agreement which gives rise to obligations which are enforced or recognised by law
Contracts create legally binding obligations between parties.
What occurs during the exchange of contracts in property transactions?
All has been agreed, neither side can pull out, buyer has paid a deposit, it becomes a legally binding document
The deposit is usually ten percent of the property value.
What is the purpose of a search in property transactions?
To ensure people are aware of what they are getting and to prevent issues
A search must be produced by the local council.
What are the components of a search?
Up to 4 parts
These parts are required to ensure comprehensive awareness of property issues.
What types of information can be found in the land registry?
- Land home ownership
- Mortgages
- Charges
- Easements
- Restrictive covenants
- Right of way
- Past ownerships
- House prices
The land registry is the main source of information relating to land.
Name the three methods to solve disputes in construction.
- Courts
- Arbitration
- Mediation
Each method has its own processes and implications.
True or False: Courts are typically a quick and inexpensive method for resolving construction disputes.
False
Courts can take a long time and are often expensive.
What are the three different arbiters for different aspects of building?
- RIBA (design)
- CIOB (management)
- RICS (money)
Each arbiter specializes in a specific area of the construction industry.
What is mediation?
A flexible and confidential process used to settle a dispute between two or more parties
Mediation is often less formal and can be quicker than arbitration or court.
Fill in the blank: Disputes in construction are usually between the _______ and main contractor.
[client]
Issues often arise from lateness, quality, or financial disagreements.
List some common causes of disputes between clients and contractors.
- Lateness
- Quality
- Money
These issues can lead to significant conflicts in construction projects.