Wednesday, June 2, 2010

Legal Concepts in Contract and Project Management


As a project manager, especially in large engineering projects, there are many legal concerns in contracts, damages and injuries. However different countries and provinces have different law system so it is hard for PMI to integrate the details into the body of knowledge.

I am not a legal practitioner so I cannot deliver professional legal advice. However I got inspired by reading some law articles and would like to introduce some basic concepts and analysis to projects managers regarding to contract and tort laws. Although the legal reference background is based on the Canadian Ontario Engineering Law Examination, it is beneficial for project managers worldwide to grasp those concepts, so that project managers can have a rough idea before consulting their own lawyers.

The scope of this article is as followings. For the contract laws, we are going to introduce five concepts:
  • Equitable estoppels
  • Fundamental breach
  • Unilateral mistakes,
  • Contract A in tendering process
  • Legality of purpose for non compete clause.
Also we are going to talk about tort laws.
The above legal contracts are presented as a system for case analysis supported by other simple legal concepts. A glossary will be supplemented at the end of the articles.

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