Monthly Archives: August 2019
All too often we are called in to commercially review projects that are financially in a difficult position. In a majority of cases the issues start with the submitted bid price. To be ‘competitive’, package prices, prelims & programme are...
If your contract is silent on a matter you cannot rely on the assumption that the contact must imply a clause to plug this issue simply because it appears fair & reasonable to do so. In order for an implied...
In the case of Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd & Anr, the Supreme Court set out the tests for deciding whether an implied clause exists. There are two types of implied clause:...
We get asked about & review Letters of Intent (LoI) – here are a few thoughts… Letters of Intent (LoI) have the benefit of enabling parties to commence work prior to the execution of the final contract, however they are...
In the recent ruling in the Court of Appeal in Mears Ltd v Costplan Services (South East) Ltd & Others [2019] EWCA Civ 502 the Court has provided authoritative guidance as to when Practical Completion can be said to have...