Posts tagged with: Contract
Condition precedents can be found throughout a construction contract although the main focus tends to be within claims for extension of time, variations and payment. Condition precedents can impose strict conditions. Whilst it is good practice to contain the words...
There are many blogs on this website relating to construction contract law. These relate to the interpretation, definition of words or clauses, the creation/review/amendment of precedent or the risks of ambiguity within contracts. As a subcontractor you are experts in...
The case of Bennett (Construction) Limited (“Bennett”) v CIMC MBS (formally Verbus Systems Limited) (“Verbus) considered whether “sign off” was required prior to payment. The main contract was for a new design and build hotel in London. Bennett were employed...
Negotiating contract t’s & c’s with an employer shouldn’t be thought of as being contractual. It’s good commercial practice. Being able to properly negotiate your position requires that you fully understand the requirements of the contract. Reading the contract &...
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...
Another in depth review of a proposed contract completed! Our reviews are comprehensive, providing a full explanation as to why a change is required with any proposed clause changes, including a risk analysis. We all know how important the contract...
Having just completed a Sub Contract review for one of our clients , our Senior Commercial Manager Mark Catton MSc, FCIOB discusses the importance of reviewing a contract before entering into contract. The size of the Sub-Contract can sometimes make...
The construction industry commonly uses Letters of Intent to enable projects to commence whilst the final construction contract is being agreed. Whilst this approach does have the benefit of enabling parties to commence work prior to execution of the final...
It is now common to see within JCT Contracts Employer amendments proposing a new clause stating that the Contractor is not entitled to an extension of time where there is concurrent delay. Concurrent delay can be defined as ‘a period...
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