The guidance to ISO 19650 recognises that the legal and contractual matters of BIM are in a state of flux and development...the standards are not intended to provide prescriptive direction on the composition of BIM contract documents (whether consisting of a Protocol and/or other documents) and are subject to contractual ...
Legal Frustration There is a English legal doctrine called frustration. It acts to bring a contract prospectively to an end because of the effect of a supervening event ie it ends the contract early. It requires the law to recognise that: without default of either party a contractual duty is now ...
I have gone back to school - in December 2018 I joined the Legal Creatives Academy, an on-line legal design school run by Tessa Manuello. Her multi-faceted approach to legal creativity is not based on innovation for the sake of it. It is not designed primarily to save ...
There are a number of ways of responding to possible risks events: one option is to exclude your responsibility (or liability) for specific types of claims or specific categories of losses. These terms which give effect to that option are 'exclusion' clauses (also known as exemption clauses). The Court of Appeal has ...
If the other contracting party is in breach, you can can bring a claim for damages to put you in the position you would have been in had the other performed its duties under the contract correctly. Under English law, damages (or compensation) can only be recovered if they are foreseeable, ...
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 ...
I have read dozens of academic papers, I am often struck by how they morph into technical jargon and long words. I was told by one lecturer that they have to be impenetrable "it's what's expected"! Heck, I even wrote one myself on limits and incentives in letters of intent ...