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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 12136
Experience:  I have been practising for 30 years.
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I have a contract order for a construction contract that

Customer Question

I have a contract order for a construction contract that only says draft all across it
Does this mean it is still up for discussion and now works have started on site does it now forms part of the 2011 housing grants act and there terms & conditions
Submitted: 9 months ago.
Category: Law
Expert:  F E Smith replied 9 months ago.

Hello for clarification - are you the builder or owner of the project or both?

Customer: replied 9 months ago.
We are the sub-contractor with a draft order issued from the main contractor
Customer: replied 9 months ago.
I cant call as im currently in a meeting trying to piece together an adjudication against the main contractor
Expert:  F E Smith replied 9 months ago.

Draft contract means that it’s a discussion document. It isn’t agreed.

That’s not to say that the terms in it are not agreed.

Remember that even a verbal contract can be binding in certain circumstances if the terms of the verbal contract agreed and they could be as agreed in the draft.

If they have issued a draft order, it is not an order. It’s a discussion document which would be subject to eventual confirmation.

There is already caselaw which says that a “memorandum of understanding” is not enforceable as a contractual agreement.

Therefore, if you had done work under the terms of this Draft Order, you may or may not be entitled to be paid for it under the terms of that Order BUT you may still be entitled to be paid under the terms of a verbal order.

Can I clarifying anything else for you?

I am happy to answer any specific points arising from this.

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If you still need any point clarifying, I will still reply because the thread does not close.

Best wishes.