There are of course many important matters to be covered by the conditions, to provide for a sound contract and the avoidance of claims. Only a few of which can be highlighted in the space available in this article. It is essential that when the contract is signed there can be no misunderstandings between the parties regarding what constitutes the contract. Many contracts are signed with the in-built potential for claims by incorporating references to letters and minutes of meetings. This can lead to differences of opinion relating to their interpretation and the order of precedence.
Problems can arise if the client incorporates the contractor's method statement into the contract.
The method statement may well be in conflict with the requirements of the specification. Its incorporation may be viewed as acceptance of the tenderer's solution which in the event may not work. If the potential for misunderstandings and therefore claims is to be avoided the starting point must be that true Entire Agreement contracts are used. Any agreed changes should be word processed into the contract before it is signed. The contract should provide for the client to direct a variation to the service requirement, subject to it being related in nature to the services being provided.