Month: November 2019

The Dotted Line: Did you pass it on?

What time of year is it? It’s panto time [OH NO IT ISN’T!] As the festive season approaches, let’s keep your grey matter in tip top condition for the New Year with some brainteasers – answers in the next newsletter.  Read the full edition here Can terms can conditions affect

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What Can a Client Recover under MF/1?

As my introductory blog on MF/1 sets out, there are some significant limits under MF/1 on the rights of the purchaser (client or employer) to recover losses. What can you do about it? This blog considers the purchaser’s remedies. Remedies As the purchaser, you – either yourself or through the

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Role of the Engineer under MF/1

The Engineer’s role under MF/1 (like any contract administrator) is a balancing act. Firstly, they are an agent for the purchaser, as well as an employee. The engineer issues ‘certificates, decisions, instructions and orders’ (clause 2.1) but only as set out in the contract. The engineer’s authority derives from the

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The Dotted Line: Boooooring

Contracts are a burden and a bore. Do you agree? Read the full edition here Do we have a deal? Would you like to receive The Dotted Line directly to your email inbox every second Thursday? Simply enter your details here

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Good Relations

Relational contracts can be identified by looking for these characteristics: no express terms preventing an implied duty of good faith* long-term contract in context of a long-term business relationship parties intend to perform their roles with integrity and fidelity to the bargain parties are committed to collaborating in performing the

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What is Good Faith?

In Post Office v Bates (2019), the court said that in relational contracts there are implied obligations of good faith: “This means that the parties must refrain from conduct which in the relevant context would be regarded as commercial unacceptable by reasonable and honest people. An imlied duty of good

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