Month: March 2014

Guidance for Architects

According to Tony Bingham, the case of West v Finlay [2013], provides “a superb set of guidance notes for every architect.” Despite the case’s length (nearly 400 paragraphs) he recommended in his column that every architect should “go chapter and verse through this case to learn the lessons.” To save

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10 Essentials for a Construction Contract

I have been developing a set of minimum requirements for construction contracts. Rather than start with a contract and edit madly, I started with a blank sheet of paper and worked out what I needed. I decided on ten essentials. First and foremost you need to know who is involved:

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Set Reasonable Delay Damages

Liquidated (or delay) damages are pre-set damages (listed in the contract) which make it simpler and quicker to recover compensation when the other party to the contract defaults or commits a breach. One such example is the notice from a hotel chain to charge £100 if a guest smokes in

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Use LADs to Compensate (not Deter)

In order to avoid technical defences to an agreed level of damages (liquidated damages), you should concentrate on making sure the purpose of the clause is made really clear. Compensation In Lorsdvale v Zambia, the question whether the amount was a penalty or a genuine pre-estimate was based on: “whether

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