General conditions

General conditions
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General conditions is a document incorporated into an agreement. An agreement defines general terms understood as rights and duties of parties, while general conditions are defining these rights and duties in much more detailed way. The document is usually divided into articles. Each of article is describing relevant subject of an agreement [1]. General conditions might be related to any kind of agreements and industries (architecture, engineering, constructions, banking, guarantees) [2].

General conditions in architecture, engineering and constructions[edit]

For projects related to architecture, engineering and constructions general conditions are among legal conditions and supplementary conditions documents which explains deeply differentiations in the contact. Usually there are used standardized documents published by American Institute of Architects (AIA) or Engineers Joint Contract Documents Committee (EJCDC) [3].

Examples of articles in general conditions[edit]

Meyer D. describes how general conditions should be defined in construction law. Below aspects should be included [4]:

  • General provisions (definitions and terminology),
  • Pointed other contract documents,
  • An agreement between owner and constructor,
  • All conditions (general, supplementary, other),
  • Drawings,
  • Specifications,
  • Addenda,
  • Modifications,
  • Other documents.

Sweet J. points below eleven subjects that usually are part of general conditions [5]:

  1. Scope of contract documents and ways of resolving conflicts,
  2. Roles and responsibilities of parties,
  3. Subcontractors,
  4. Timing,
  5. Payments,
  6. Risk protection,
  7. Changes,
  8. Corrections,
  9. Termination,
  10. Disputes,
  11. Insurance.

Conflicting general conditions[edit]

Principles of European Union law are defining three points regarding conflicting general conditions [6]:

  1. General,
  2. Contact existence,
  3. Contract content.

Author: Kinga Kutek

Footnotes[edit]

  1. Meyer D. (2003), p. 96
  2. World Bank (1995), p. 1
  3. Sweet J., Schneier M. M. (2008), p. 420
  4. Meyer D. (2003), p. 96
  5. Sweet J., Schneier M. M. (2008), p. 420
  6. Hondius E. H., Kooten H. J. (2002), p. 122

References[edit]