ABSTRACT
Construction contracts are usually made in writing, using one of the standard forms that are available. A contract has been defined by Sir William Anson as ‘a legally binding agreement made between two or more parties, by which rights are acquired by one or more to acts or forbearances on the part of the other or others’. Offers concerned with civil engineering projects are generally made on the basis of detailed terms and conditions. In many instances with civil engineering contracts, the offer must follow a stipulated procedure. Once an agreeable offer has been made, there must be an acceptance of it before a contract can be established. Misrepresentation consists in the making of an untrue statement which induces the other party to enter into a contract. The common law rule of privity is that only the persons who are party to the contract can be affected by it.
