1. Overalls
NS 8411 and NS 8412 contain provisions on how agreements can be concluded. Standardne, a (6, 7, a 8).
We have written a separate article about item 5 (agreements concluded through offer and acceptance) which exists heres.
We have previously written a separate collection of articles on “Contract Law” where much of the same is treated on a more general basis. This collection exists heres.
2. Agreements concluded after negotiations
Paragraph 6 of NS 8411 and NS 8412 deals with agreements concluded through negotiations.
Under the theme collection “Contract Law” There are two articles that are relevant to this topic, namely “Negotiations and the Importance of Reservations” that can be read aqui, and “Agreements through conscientious conduct and inaction” that can be read heres.
Several of the considerations and aspects described in the articles were also addressed by the Committee when drafting paragraph 6 of NS 8411 and NS 8412, respectively.
First of all, we are referring to paragraph 6, second paragraph, which contains a provision intended to prevent an agreement from “progressing” in the course of negotiations.
As the title of one of our articles suggests, it is important to make reservations. Such reservations may be that an agreement is only concluded when it has been signed by both parties, possibly in combination with the fact that only a specific person can sign (e.g. the CEO) and/ or that the outcome of the negotiations must be processed by the company's board of directors and approved there before an agreement can be concluded.
In NS 8411/ NS 8412, paragraph 6, second paragraph, a provision has been made that an agreement becomes legally binding only when it is signed by both parties “in writing or by electronic signature”. This is a form requirement that must be met in order for an agreement to be considered concluded.
Però, un provisione è stato que deve essere considerato come una solución emergenza. It appears that you can also “otherwise” maken “It is clear that there is a binding agreement.” We have dealt with this issue in our articles under “Contract Law” which we have posted a link to above, but here we will also try to exemplify a little.
In NS 8411/ NS 8412, paragraph 6, second paragraph, it is referred to: “electronic signature”. Dit kan, a. Let's say that no such signature is used, but that the parties instead confirm the agreement in each of their regular e-mails. Muché.
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As a general council would consider, the larger, or more complex, the procurement, the greater the attention the parties should pay to the provisions on the conclusion of the contract.
3. Agreements concluded after competition
Provision on agreements concluded after competition (paragraph 7) is similar in NS 8411/ NS 8412, and they are short.
The reason for this is that competitions have their own rules for when an agreement should be considered concluded.
In the case of public procurement, it will be the Procurement Act and related regulations that govern when an agreement between the offeror and the contracting authority shall be considered to be validly concluded.
We refer to this connection to the Procurement Regulations § 10-1 “Notice of choice of supplier and justification”, paragraph 4 where it is stated that agreement “deemed concluded when both parties have signed the contract”.
IN NS 8400 “Rules for the procurement of buildings and structures by tendering competitions” a signed agreement document is not required, but it follows from clause 7.3 “Contracting” that deal”is concluded when, within the expiry of the first acknowledgement, written notification has been received to the supplier stating that the offer has been accepted”. Här vi har en solutie som med och.
4th. Bookings based on advance agreements
It follows from NS 8411/ NS 8412, paragraph 8, that reference is made in particular to already concluded “framework or cooperation agreements”. When making orders under such agreements it is often called a “call off”.
In most cases, such agreements would have been subject to a process covered by paragraphs 5, 6 or 7 of Chapter 2 of the Standards. “Conclusion of an agreement”.
Such framework or cooperation agreements will usually include detailed provisions on who can order construction products or products, what amount limits and powers the individuals with ordering expertise have, payment terms, etc.
Paragraph 8 of the Standards contains rules on how such orders are to be carried out. If there is a conflict between what follows from the framework or cooperation agreement and the individual standard, the provisions of the framework or cooperation agreement will apply, cf. NS 8411/ NS 8412, paragraph 8, first.
