download sia conditions of contract 7th edition

Ideally a letter of intent is only supposed to envisage an intention to enter into a contract at a future date or upon fulfilment of certain condition. These aspects add further complexity to the issues under dispute. These letters of intent may also be silent as to the legal consequences. Moreover, the letter of intent itself might be silent as to whether the recipient is supposed to proceed with any works and/or that how such works would be valued. There could be many more versions of the documents depending upon the dexterity of the drafter as articulated by the learned judge in the above-mentioned case.

Some documents might allude to a firmer intention to award but explicitly address that the contractor shall not be entitled to any rights if the contract is not eventually awarded. To elaborate further, some letters of intents are merely expressions of hope - that the issuing party “intend” to award the concerned scope to the recipient. There can therefore be no prior assumptions, such as looking to see if words such as ‘letters of intent’ have or have not been used” Others are in reality that contract in all but name. Others are contracts falling short of the full-blown contract that is contemplated Others presage a contract and may be tantamount to an agreement ‘subject to contract’ Others are firmer but make it clear that no legal consequences ensue The learned judge in ERDC Group Ltd v Brunel University has described the actual forms than an apparent 'Letter of Intent' may take as – The clients seem to be perplexed as to how a document explicitly titled as “Letter of Intent” could be construed as a “contract”. The underlying documents appears to be some incarnation of 'contract' rather than 'Letter of Intent' per se. We often come across documents which are expressly titled as “Letter of Intent” but the contents suggests otherwise.

Download sia conditions of contract 7th edition