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Contact | Sep 12 Novus

Novus News EVENT

West Midlands learn the importance of getting the contract right

More than 30 young professionals attended a West Midlands Novus event at law firm Shakespeares in Birmingham recently to hear Keith Blizzard FCIOB, a partner at the firm, give a talk on contract law. Blizzard noted that the

construction industry is notoriously poor at

getting contractual arrangements right. Building contractors, sub-contractors, architects and clients are all keen to “get on with it” he said, but added that sometimes “getting on with it” can be a recipe for disaster, a very expensive disaster.

Getting basics right Understanding the basics of contract law is key, said Blizzard, knowing whether or not you have formed a contract, if you are still under a contract and whether or not the contract is complete. He elaborated on the core areas of contract law, mainly how the legal principles of simple contracts relate to the formation of a contract and the discharge of a contract.

A contract can be described to be a legally binding agreement made between two or more parties, by which rights and obligations are acquired or granted. An offer can be said to be “a proposition put by one party to another with the intimation that he will be bound by it” which can be accepted or rejected by the other party. But an offer must be distinguished from an invitation to treat, which is just an invitation to the other party to make an offer.

Starting points It is not always clear when negotiations have been completed and a firm offer has been unequivocally accepted. Many contracts and, in particular, construction ones, suffer from this problem. Basically, the parties will negotiate over the terms of the eventual contract and the negotiations will take the form of a series of counter offers. Only at the end of this process may the parties have formed a contract. It is of utmost importance for the parties to know when rights and obligations under a contract are at an end. Especially where both parties have fully performed their obligations under the contract, although, they can be ended abruptly by agreement, breach of contract or frustration.

HAMPSHIRE Novus Hampshire is running its Annual Charity Golf Day Challenge, on 14 September, at the championship 18-hole golf course, at the Marriott, Meon Valley, Hotel and Country Club, near Southampton. This event is for members and non- members who wish to make new contacts and socialise with friends and colleagues in an enjoyable way. For more information or to book a place, please contact Paula Hazell on 0845 0706095, email phazell@ciob.org. uk or view the event on the below link: www.ciob.org.uk/events/hampshire-novus- annual-golf-day-challenge

KENT The Kent Centre is currently in the planning stage of setting up a Kent Novus Group. If you are interested in becoming part of this exciting fledgling group or would just like further information please contact Beverley Lawrence at blawrence@ciob.org. uk. Novus groups already operate in Surrey and Hampshire and welcome participation from members.

EAST of ENGLAND East of England Novus chairman Darren Lincoln MCIOB has handed over to Jason Margetts MCIOB at the group’s AGM. Over the past year the committee has

worked closely with the East of England Branch committee and the Education Working Group visiting colleges and universities across the region. Student membership within the Branch has increased by 62%. The next event for the Novus group will be a site visit to CenterParcs in Elvedon Forest on 4 October, where local firm SDC is currently building Tropical Cyclone, a £4m one-of-a-kind water slide. In addition, the Hertfordshire Centre and Novus group are currently working together to provide an evening to Meet the President on 23 October. For further details on the East of England Novus group please contact administrator Sam Briggs on sbriggs@ciob.org.uk or telephone 08450 755053.

Building Control Scholarship will advance the profession

The CIOB, in collaboration with Local Authority Building Control, has established the Faculty of Building Control and Standards Scholarship. The chosen scholar will produce a piece

of research which will help to advance the profession of Building Control, or contribute to future development of the Building Regulations. Suggested topics include:

• How to achieve zero carbon in new homes or non-domestic buildings;

• Site management to ensure as-built performance is no worse than that designed;

• How to demonstrate that building control is adding value to the construction process;

• Do Lifetime Home standards add value to new

homes, and do they need amendment? An agreement is first reached with a local authority to act as a host for the scholarship. The company then selects a suitable candidate for the award and puts their details forward to the CIOB. Throughout the scholarship the scholar

remains in full employment and is paid their normal salary by the company. At the beginning of the scholarship, the scholar gives a presentation on the proposed topic to the scholarship panel; this provides an opportunity for discussion and comment. Review meetings, for which the scholar produces a short progress report, are then held,

in not less than three-monthly intervals. These meetings ensure that the work is on schedule and that the scholar receives any necessary support. At the end of the 12-month scholarship period, the scholar must produce a written report of 8,000–10,000 words. A rehearsal presentation is then given to a small audience comprising the scholarship panel and interested parties, which is followed by a public presentation.

Interested parties are invited to contact, in the first instance, Veronica Dunn, faculties manager, at vdunn@ciob.org.uk