‘Freedom of Contract’ means parties enter into a Binding Agreement to do anything provided it is not illegal, contrary to Statute or Public Policy. This freedom comes at a price – once a Contract is entered into, the Contractor will be held to it, even if it later turns out you believe the Contract was unfair or unreasonable.
Peter McHugh and Mark Scotney specialist construction lawyers at Midlands firm Challinors, along with Andrew Maguire, Barrister at St Philips Chambers, Birmingham, explain what contractors must look out for before agreeing a contract.
“If you are invited to agree to the terms of a Contract, whether Bespoke or one of the Standard JCT Forms of Contract, consider the contents very carefully. There may be clauses which appear to be unfair; the Contract may be written to bias the Employer and be contrary to the wishes of the Contractor. If you sign the Contract, you are stuck with it. If you try and get out of the Contract, then a dispute will almost certainly arise – it is difficult to alter the terms of a written contract, as the causes of action are narrowly defined and exercised with great caution by the courts.
