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AVOIDING LEGAL RISK IN PROJECT MANAGEMENT |
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TABLE OF CONTENTS |
CHAPTER I - LAW OF CONTRACTS
A. |
WHAT IS A CONTRACT? |
B. |
THE ESSENCE OF A CONTRACT |
C. |
THE ESSENTIAL ELEMENTS OF A CONTRACT |
D. |
VERBAL CONTRACTS |
E. |
FACSIMILE AND ELECTRONIC CONTRACTS |
F. |
MATCHING OFFER AND ACCEPTANCE |
G. |
PROBLEMS ARISING FROM CONSIDERATION |
H. |
CONTRACTS ARE BINDING |
I. |
BREACH OF CONTRACT |
J. |
WARRANTIES AND CONDITIONS |
K. |
REMEDIES FOR BREACH |
L. |
DUTY TO MITIGATE |
CHAPTER II - ISSUE NOTES-I
A. |
ISSUE NOTE: AMENDING A CONTRACT |
B. |
ISSUE NOTE: RESOLVING THE BATTLE OF THE FORMS |
C. |
ISSUE NOTE: FORCE MAJEURE (ACT OF GOD) CLAUSES |
D. |
ISSUE NOTE: ASSIGNMENT OF A CONTRACT |
E. |
ISSUE NOTE: THE INTIRE AGREEMENT CLAUSE |
F. |
ISSUE NOTE: JURISDICTION OF THE CONTRACT |
G. |
ISSUE NOTE: SUB-CONTRACTING |
H. |
ISSUE NOTE: WHO REPRESENTS THE SUPPLIER? |
CHAPTER III - SCOPE OF WORK ISSUES
A. |
CONTRACTING FOR SERVICES |
B. |
SCOPE OF WORK ISSUES |
C. |
SCOPE OF WORK |
CHAPTER IV - MANAGING CHANGES
A. |
INTRODUCTION |
B. |
MANAGING CHANGES |
C. |
FAULT |
D. |
EVENT ALREADY COVERED BY CONTRACT |
E. |
CHANGE ORDER/CHANGE DIRECTIVE CLAUSES IN THE CONTRACT |
CHAPTER V - CONTROLLING CONTRACTOR PERFORMANCE
A. |
CONTROL OF SERVICE CONTRACTOR |
B. |
CONTRACT CONTROLS - ENFORCEMENT |
C. |
MISCELLANEOUS ISSUES |
CHAPTER VI - ENSURING YOUR CONTRACTOR IS NOT A DEEMED-EMPLOYEE
A. |
INDEPENDENT CONTRACTOR/EMPLOYEE RELATIONSHIPS |
B. |
THE DIFFERENCES |
C. |
TIPS AND TRICKS |
D. |
EMPLOYEE OR INDEPENDENT CONTRACTOR RELATIONSHIP? -CHECKLIST |
CHAPTER VII - TENDERING AND PROJECT LIABILITY
A. |
INTRODUCTION |
B. |
THE LAWS OF COMPETITIVE BIDDING IN SUMMARY |
C. |
THE INVITATION TO TENDER |
D. |
DISCLOSURE IN CONSTRUCTION |
E. |
SITE INSPECTION CLAUSES IN THE INVITATION |
F. |
FAIRNESS, HONESTY AND GOOD FAITH IN CONSTRUCTION |
G. |
JOINT LIABILITY OF PROJECT MANAGER IN TENDERING |
H. |
IN SUMMARY |
CHAPTER VIII - ISSUE NOTES-II
A. |
ISSUE NOTE: NEGLIGENCE IN CONSTRUCTION LAW |
B. |
ISSUE NOTE: CONSULTANT LIABILITY |
CHAPTER IX - CASE SUMMARIES
Robert C. Worthington
WORTHINGTON AND ASSOCIATES LTD.
Box 34192 Station D
Vancouver, B.C. Canada V6J 4N1
email: rcworthington@shaw.ca
Tel: (604) 488-0114
