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 ...
Most UK construction projects are carried out on standard form contracts which set out specific events which can entitle one or other of the contracting parties to a range of remedies: an adjustment or extension to the planned completion date more money either for carrying out additional works or for ...
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, ...
Weirdly, avoiding disputes does not seem to be a key factor driving the drafting of contracts (although PPC2000 might be an exception). However, given the rising cost and time involved in resolving disputes, as well as the damage to reputations and the sustainability of a company, it should be. My newsletters ...
Showstoppers are A clause or term that could bring negotiations or your contract to a juddering halt Over the past 9 months, my newsletters [sign up] have proposed a series of tips, tools and techniques to spot and solve showstoppers. What should you do? Do you work with or for your clients? ...
Do you believe that if you insure your liabilities, the level of your insurance cover acts as a limit on your liability? It doesn't. This is the most common misconception among business owners when I am delivering workshops on contracts. My objective is to help both sides protect their interests and create ...
What should be the contractor's remedy when a subcontractor is running late? Under freedom to contract, the parties can decide their rights, remedies, obligations and liabilities - they are masters of their contractual fate. The choice is between recovering an uncertain amount provided you can prove breach and ...
What is the long-term impact of transferring all the risk on a construction project to the contractor? In April 2016, defects found in 17 schools in Edinburgh resulted in those schools being closed to pupils. Like design and build, construction management and other procurement strategies, the Private Finance Initiative schemes were ...
When writing your contract, you may be tempted to see it as a form of safety-net. Rights and remedies... This means your contract will inevitably focus on what will happen when things go wrong. Is this really a good start to a client relationship? How do you think it makes your client ...