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A construction contract is a mutual or legally binding agreement between two parties based on policies and conditions recorded in document form. The two parties involved are one or more property owners and one or more contractors .
One former NEC3 clause which dealt with the "spirit" of the contract was divided into two clauses, to show that both aspects should be complied with: Clause 10.1: the parties and the service manager act as stated in the contract; Clause 10.2: the parties and the service manager act in a spirit of mutual trust and cooperation. [14]
A final clause in linguistics is a dependent adverbial clause expressing purpose. For this reason it is also referred to as a purposive clause or a clause of purpose. In English, final clauses are relatively rare. A final clause is a reply to a question containing the question word wherefore or what for (sometimes also why).
The EPC contractor coordinates all design, procurement and construction work and ensures that the whole project is completed as required and in time. They may or may not undertake actual site work. EPC companies are often used in large-scale projects, such as power plants, refineries, chemical processing facilities, infrastructure projects, and ...
Some contractors appoint subcontractors to work under a "pay when paid" clause, sometimes called a "pay if paid" clause, where the general contractor will work with subcontractors and the subcontractors are only paid if and when the general contractor is paid for the work. [6] An example clause from a construction context reads:
For example, in Codelfa Construction Pty Ltd v State Rail Authority of NSW, [19] a term regarding the inability of construction company to work three shifts a day could not be implied because it was unclear what form it would have taken.
Escalation clauses are common in construction contracts. The clause may specify that the agreed-upon price for the project will be adjusted to reflect changes in the cost of raw materials, fuel, and labor during the course of the construction. [citation needed] Escalation clauses may also be used in other types of contracts, such as leases for ...
An exculpatory clause is generally only enforceable if it does not conflict with existing public policy. [2] The two other prerequisites for an exculpatory clause to be valid are that the contract must pertain to the involved parties' private affairs, and each of the involved parties must be free bargaining agents to the contract in question ...