Conditions of Contract
Rudimentary terms and conditions for contractors to adopt and freely adapt to suit their particular trading circumstances.
ECA Conditions of Contract
Contracts can be daunting but they are so important. Contractors who work on a letter of Intent may be found, in a court of law, not to be in contract at all. Contractors who contract by starting work, or by responding to request to start work in an affirmative manner, or who sign something ‘in writing’, will all be considered to have entered into ‘Contract’.
When to use a model form of contract
Where the terms and conditions have not been provided before starting work or by the responding to request to start work in an affirmative manner or by signing something ‘in writing’, then the Contractors should use a model form of contract.
Free ECA model forms of contract available for Members
The JCT, NEC, the IET all publish Industry standard forms of contract, ECA provides its Members with the following contracts where no other is available. The terms are not intended to be all-embracing. It is impossible to cater for every circumstance and every trading relationship by what is a concise initial contractual solution.
ECA offer these to members in an MS Word ‘open’ format, members can download and amend them to suit their own particular requirements. As the value of a contract increases, so relying solely on these brief terms becomes increasingly unviable.
An MS Word document will help the Member to transfer it to their own letter lead. The pdf version can be used but is effectively locked-down.