When is payment really due?

The Construction Acts 1996 and 2009 introduced a process for payment for construction contracts, based on payment by instalments. However, the Acts also introduced some terms which can confuse you, as all is not what it appears: the due date: this is not the date on which the (sub)contractor can expect to be paid, nor […]

IChemE Fitness for Purpose

Fitness for purpose clauses impose a duty on a contractor to achieve a specific result. They have come under scrutiny as a result of a series of cases in the English courts which imposed significant damages onto a contractor, in complex factual scenarios [read more]. This post considers the IChemE (Red Book) contract. IChemE Red […]

MF/1 Fitness for Purpose

Fitness for purpose clauses impose a duty on a contractor to achieve a specific result. They have come under scrutiny as a result of a series of cases in the English courts which imposed significant damages onto a contractor, in complex factual scenarios [read more]. This post considers the MF/1 rev 6 (2014) contract. MF/1 […]

NEC4 Fitness for Purpose

Fitness for purpose clauses impose a duty on a contractor to achieve a specific result. They have come under scrutiny as a result of a series of cases in the English courts which imposed significant damages onto a contractor, in complex factual scenarios [read more]. This post considers the NEC4 contract. NEC4 (2017) NEC4 core […]

FIDIC Fitness for Purpose

Fitness for purpose clauses impose a duty on a contractor to achieve a specific result. They have come under scrutiny as a result of a series of cases in the English courts which imposed significant damages onto a contractor, in complex factual scenarios [read more]. This post considers the FIDIC 2017 Yellow Book contract. FIDIC […]

Choosing Model Form MF/1

One of my favourite standard forms is MF/1 the IET Model Form of Contract for the design, supply and installation of electrical, electronic and mechanical plant. It is clear, logically ordered and user-friendly. [It used to be printed on pink paper but that’s not why I like it] This blog outlines some of the aspects […]

Choosing Model Form MF/4

Following my recent webinar for the IChemE Special Interest Group, I ended up debating the relative merits of the IChemE Professional Services Contract (Short Form, 2015) and the IET/IMechE MF/4. This post outlines some of the aspects you need to consider when choosing MF/4 as part of your contract strategy. There are similarities between the […]

Choosing IChemE Silver Book

Following my recent webinar for the IChemE Special Interest Group, I was asked to comment on their new Professional Services Contract (Short Form, 2015). The IChemE PSC Short Form was published to provide the IChemE’s members with a ‘standard form’ consultancy agreement for services of a “relatively low contract price and generally of a short […]

Choosing JCT MW 2016

How do you choose a contract as the right one for your project? There is rarely only one contract which would work be right for your project. The final choice may depends as much on these factors as something more prosaic like personal preference and familiarity: The recommendation of which standard form of building contract […]

NEC3 Digested and Condensed

Many people choose a construction contract not for its cost, nor for its fine words, but for their familiarity with the terms and conditions. Although one of the shorter standard forms, what if we could condense NEC… what should it say? No prĂ©cis of NEC3 could omit its principal feature: the obligation on the parties […]