Professional Documents
Culture Documents
• Offer- A proposal made by one party to another party indicating a willingness to enter
a contract.
• Acceptance- The agreement of the offeree to be bound by the terms of the offer.
• Genuine Agreement- offer and acceptance go together to create genuine agreement,
or meeting of the minds. Agreement can be destroyed by fraud, misrepresentation,
mistake, duress, or undue influence.
• Consideration- Thing of value promised to the other party in a contract in exchange for
something else of value promised by the other party. This mutual exchange binds the
parties together.
Project procurement
Legally binding contracts
• Capacity- The law presumes that anyone entering a contract has the legal capacity to
do so. Minors are generally excused from contractual responsibility, as are mentally
incompetent and drugged or drunk individuals.
• Legality- Parties are not allowed to enforce contracts that involve doing something that
is illegal. Some illegal contracts involve agreements to commit a crime or a tort. Others
involve activities made illegal by statutory law
Project procurement
Contract formation
A range of documents will be required in order to be able to complete a fully compliant
and legally binding contract.
• Conditions of agreement - is the actual printed standard document with all the
conditions and clause. Both parties sign it and initial all pages and amendments.
Special conditions and any schedules are filled in. In the building industry there are
also commonly referred to as ‘contracts’, ‘general conditions’ and ‘conditions of
agreement’.
• Tender letter – is the letter that is submitted to the client at the time of tender should
be attached to the contract conditions and referenced therein. The tender letter gives
the conditions and exclusions that your price is based on.
• Drawings - would be the original tender drawings (which should be working drawings)
with or without amendments. They provide a graphical representation of the extent of
the works. They will be a complete set and will all be numbered and the numbers
listed as part of the contract.
Project procurement
Contract formation
Probity is the evidence of ethical behaviour, and can be defined as complete and
confirmed integrity, uprightness and honesty in a particular process. Probity in the
procurement process is the responsibility of all stakeholders involved in the process.