13th June 2008, 02:38 PM
Posted by Unit of 1:
It is the opposite of political. What it does is set out the terms of a contract, i.e. a legal agreement entered into voluntarily by two parties, to help prevent disputes and to define the obligations and powers of both parties.
No-one is obliged to enter into a contract, and no two parties to an archaeological contract are obliged to use these Conditions. They will only do so if they think it is in their interests to do so. However, once you have signed it, you know that your own obligations and rights are clearly defined and so are the obligations and rights of the other party, and those rights and obligations are legally enforceable through the civil courts, but are unlikely to get there because there is a defined procedure for dealing with disputes.
The advantage of using defined Conditions of Contract is that if you take on a job without them, you are still entering a contract, but your obligations and rights are less clearly defined and (most importantly) your liabilities may be unlimited. You take much less risk if you use defined Conditions, because you can limit your liabilities, disputes are less likely to arise and are easier to resolve, and if there is a dispute you are much less likely to end up in court (either as plaintiff or defendant).
The advantage of using a published, standard set of Conditions is that they are impartial and fair. Some clients will ask you to sign a bespoke set of Conditions prepared by or for them, and these are much more likely to be disadvantageous to the contractor, and in some cases will unfairly transfer financial risk to the contractor.
1man1desk
to let, fully furnished
Quote:quote:Are there clauses on copyright or the ownership of artefacts, rights of removal and the disturbance of the site. Are there any confidentiality clauses? Its all political.If you are really interested in the contract, then get a copy and read it. You could probably even get it in some libraries.
It is the opposite of political. What it does is set out the terms of a contract, i.e. a legal agreement entered into voluntarily by two parties, to help prevent disputes and to define the obligations and powers of both parties.
No-one is obliged to enter into a contract, and no two parties to an archaeological contract are obliged to use these Conditions. They will only do so if they think it is in their interests to do so. However, once you have signed it, you know that your own obligations and rights are clearly defined and so are the obligations and rights of the other party, and those rights and obligations are legally enforceable through the civil courts, but are unlikely to get there because there is a defined procedure for dealing with disputes.
The advantage of using defined Conditions of Contract is that if you take on a job without them, you are still entering a contract, but your obligations and rights are less clearly defined and (most importantly) your liabilities may be unlimited. You take much less risk if you use defined Conditions, because you can limit your liabilities, disputes are less likely to arise and are easier to resolve, and if there is a dispute you are much less likely to end up in court (either as plaintiff or defendant).
The advantage of using a published, standard set of Conditions is that they are impartial and fair. Some clients will ask you to sign a bespoke set of Conditions prepared by or for them, and these are much more likely to be disadvantageous to the contractor, and in some cases will unfairly transfer financial risk to the contractor.
1man1desk
to let, fully furnished