National Occupational Standards in
Archaeological Practice

working | NOS home | the NOS framework | NOS map |

Section A | Section B | Section C | Section D | Section E | Section F | Section G | Section H | Section J | Section K

AB6 Prepare and agree the contract

AB6.3 Negotiate and conclude a contract

Performance Required

This will involve:

1. conducting negotiations in a manner which maintains goodwill and the co-operation of the parties, involving others as appropriate
2. negotiating and agreeing contract terms, conditions and amendments with all relevant parties and accurately recording outcomes
3. ensuring that sufficient copies of final contract documentation are prepared, signed, complete and accurate and meet regulatory and legal requirements
4. identifying the obligations of all the parties and obtaining acceptable proof these can be met at identified stages in the programme
5. confirming, with others where appropriate, that documentation relating to the contract is complete, accurate notified to relevant parties and secure

Occupational Context

1. Contract amendments:
   • allocation of risks and responsibilities
   • structure of contract
   • key instructions
   • insertions and deletions
2. Regulatory and legal requirements:
   • statutes
   • codes of practice and procedure
   • common law
3. Obligations:
   • payments and retentions
   • insurances
   • bonds
   • warranties
   • statutory approvals
   • financial guarantees

Knowledge Requirements

You need to know about:

Forms of contract

• Principle types and forms of contract relevant to procurement of works, supplies and services (including professional services) Characteristics and merits of different forms of contract in the context of different project and client contexts
• Archaeologist's duties and responsibilities in providing advice on contracts
• Sources of expert support and advice on contracts

Contract law

• Principles of contract
• Case law as it applies to standards forms of contract

Amendments

• Allocation and assignment of risk
• Allowable amendments and variations to standard forms of contract

Contract obligations

• Acceptable proof regarding:
• Payments and retentions
• Insurances
• Bonds
• Warranties
• Statutory approvals
• Financial guarantees

Required Skills

You should demonstrate:

• How to negotiate and agree contract terms, conditions and amendments

Evidence Required

You should provide evidence that you can negotiate and conclude a contract

The candidate should be questioned, based upon the documentation provided, to explore how they

• negotiated, agreed and confirmed contract terms, conditions and amendments
• ensured that contract is compliant with requirements

Evidence Rules

• The candidate should have been involved in the preparation of contracts for at lest 2 substantive activities.

This site will look best in a browser that supports web standards, but is accessible to any browser or Internet device. Further information

TORC is a service of the Archaeology Training Forum, operated by the Council for British Archaeology and supported by English Heritage. Further information

Today's date: 3/9/2010
This page last updated: 27/7/2007 16:17