Can someone help me please with this contract management question. Watch

MSD90
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Task- Critically evaluate the legal implications of modifying standard forms of contract to suit contractual parties need in the construction industry.

So I have identified some of the legal implications below (which I found out from reading recent case laws):

1) The employer (client) can lose their right to recover liquidated damages
2) The contract may be left open to common law interpretation which may not reflect the intended terms of the drafter
3) There can be a provision which negates the general rule that negotiated clauses take precedence over standard terms (Hierarchy of contract documents)
4) The court will not interfere with the call of an on demand bond unless there has been an obvious fraud or it is clear that the underlying contract prevented the call
5) Courts will only imply terms by fact when it is obvious both parties meant for a clause to be included but unintentionally failed to accommodate it, or when a term is required to give business efficiency
6) Courts may interpret ambiguous clauses by using the reasonableness test, and some clauses may not even comply with statutory requirements, and so may be interpreted as unenforceable


I am struggling with how to actually go about critically evaluating these legal implications above. I would be very grateful if someone could give me some pointers.


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