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April 2021


Agreement Conclusion

In Poland, Article 681 of the BGB stipulates that, in relations between contractors, a response to the offer is considered an acceptance of the offer with a provision of amendments or additions that do not substantially alter the content of the offer and, in this case, the parties are bound by the contract, as indicated in the offer, subject to the provisions contained in the reply , whereas Article 72 of the Civil Code if the negotiating parties are negotiated for the performance of a particular contract, the contract is executed when the parties reach an agreement on all the provisions that have been the subject of the negotiations. On the other hand, Article 648 of the BGB provides that a contract for work must be established in writing, so that Section 647 allows the investor to be given joint responsibility for the payment of remuneration for the subcontractor for the construction work carried out by the subcontractor. [3] For a contract, there is an offer and acceptance of the offer. The contract is concluded as it is concluded when a consensus is reached in the same, which can be described as a meeting of spirits. In other words, the understanding of the offer and acceptance of the parties to all the essential conditions of the agreement is the same. The offer must be clear enough, including essential conditions such as price, quantity, delivery conditions, payment terms, etc. It may be disputed that the contract will not be concluded by accepting the offer, since the offer does not have the essential elements. The contract is not concluded if the offer is adopted after the deadline for submitting bids has expired. If the offer is not valid, English law considers that the offer can be accepted for a reasonable period of time. [1] This involves another question; When will the contract be concluded? Under English law, there is a postal rule that a notification of acceptance of the offer takes effect at the time of posting, not at the time of receipt. [2] However, the portal rule does not respond to current means of communication such as e-mail acceptance; When a decrease takes effect Send emails, receive emails via a server, send emails to the mailbox or open emails by deningeber? Similar questions may be asked for written contracts. Many companies have strict internal rules and sometimes it takes weeks to get all the signatures on the written contract.

As a general rule, current contracts set the effective date of the treaty, which sets the exact date for the treaty to enter into force in order to avoid confusion. Four key conclusions can be drawn from the brief early excursion into this developing legal area: first, the Community acquis provides a solid basis for the formation of contracts by the principle of contractual freedom and by the principle that the agreement is essential to the binding nature of the parties. Work contracts are complex contracts with many parties such as technical requirement, terms and conditions, schedule, price list and payment terms, reference documentation, i.e. drawings, specifications, procedures, general and specific terms and conditions and it takes weeks and sometimes months to verify and discuss each document for the conclusion of the contract. However, in the case of rapid construction projects, it is necessary to complete construction as soon as possible, even in the case of incomplete construction. The price letter, the notification to Proceed, etc., are the frequently used forms. The arbitration letter (a term to be used in this article for easy understanding, but which refers to all similar forms) allows proponents to mobilize work before the entire contract is signed and begin work. In the meantime, the parties continue to discuss the terms of the contract and after agreement on all the details, the contract will be ready to be signed. However, certain details must be considered before accepting the client`s letter.

It indicates the activities that can be carried out in the context of the arbitration letter issued and the price to be paid to the contractor for carrying out these activities.