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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My name is***** have a legal question about a

Customer Question

My name is***** have a legal question about a construction contract. I would like to inquire about a certain incident in a contract if it could be deemed unconscionable? When we have bid for a Project with a main contractor, we have been given at the tender stage the Main conditions of contract of the Main Contractor. When we went to sign the Form of Agreement about one month after issuing the letter of award, we were told the Conditions of Contract and the rest of the documents were not ready and they will be prepared later for signature. Taking things honestly, we presumed the same General Conditions of the Main Contract that were attached to the tender, are going to be the Contract Conditions to be attached. The Main Contractor attached to the Documents another set of Conditions of Contract which were very harsh and unfair. Then the Main Contractor asked the GM of our company to send somebody with a stamp to get all the documents of the Contract stamped. One person with no legal background went to the Main Contractor's office with our company stamp and stamped all the documents without any signature because he is not authorized to sign. Hence the Form of Agreement is the only signed document. I came to know this late and the contract period was only 6 months. The original contract period expired a year ago, but the contract was extended and extended as it is not completed until now. At this late stage can I send notice to highlight the bad articles of the new contract that do not exist in the Main Contract conditions of Contract as unconscionable? xxxxxxxxxxxxx

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
So the contract has been sealed, but not signed, is that correct?
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thanks. The Contract Form of Agreement was signed and stamped. The conditions of Contract were stamped only and not signed. Can we deem the new Contract Conditions unsigned?

Customer: replied 2 years ago.

The Contract Documents were all stamped but nothing signed apart from the Form of Agreement. We did not know about the existence of the bad Articles of the new Contract conditions before signing the Form of Agreement. The new Contract Conditions contained some bad Articles that do not exist in the Main Contract Conditions that were submitted to us with the tender. We discovered this very late, when these conditions were going to be used against us. As an example: de-scoping of any item the Main Contractor decides to do himself and back charge us against it.

Expert:  Ash replied 2 years ago.
What reference foes the contract form of agreement make to terms and conditions?
Customer: replied 2 years ago.

The form of Agreement refers to the Subcontract Conditions which includes the General Conditions of Contract, but does not specify which conditions of Contract. We presumed these were going to be the same Main Contract Conditions of Contract since these were attached to the tender documents.

Customer: replied 2 years ago.

Why no reply until now?

Expert:  Ash replied 2 years ago.
Why did you not ask for them?
Expert:  Ash replied 2 years ago.
Do you have a number we can talk on?
Customer: replied 2 years ago.

I have requested to cancel this request because I was not receive proper follow up to my question.

I am expecting a refund.

xxxxxxxxxxxxxx

Expert:  Ash replied 2 years ago.
You do not wish me to give you telephone assistance?