The Commercial Engineer's Desktop Guide

Chapter 4: Contract Performance 1

Introduction

Definition

The phrase contract performance means that each side completely discharges its obligations as set down in the contract. In the last chapter a thumbnail sketch of the contents of a contract was given and comprised the what , when , where , how , how much , what else and what the hell . Scattered through this description were a variety of important points that are fundamental to the achievement of contract performance and to what happens if things go wrong. This and the next chapter will explore these points using a structure that is familiar to commercial staff and should be familiar to the commercial engineer. The structure is an example of a sequence of the contract terms. As mentioned in the previous chapter the terms must bind together all facets of the entire agreement even if some of the technical detail is separated into contract annexes. The structure is shown in the following table:

DEALS WITH

Boiler plate

Law, dispute resolution, definitions and order of precedence

Seller and buyer obligations

A description of work that each is required to do

Price

The price agreed for the job (which may be variable or non- variable) or a mechanism for fixing the price

Payment

Settlement of the contract by the buyer in return for the contract having been performed

Delivery

The point at which the main goal of the contract (for example the physical handover of goods) has been achieved

Passing of property

The transfer of legal title in the goods from seller...

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