Today’s the day that my eldest son receives his A levels results… It got me wondering what the report card for a contract would say? This edition look at the issues with Twitter’s terms of service – rather than referring you to the terms of service, please go to slideshare and read
Assignment involves the transfer of complicated rights and requires you to be incredibly careful. Once you know what can be assigned, you need to look out for the traps! Historically, the courts were troubled by cases involving whether or not the assignment was subject to consent (if you failed to
Assignment is a transfer of rights from one person to another. It is trite law that it is, in any event, impossible to assign ‘the contract’ as a whole, i.e. including both burden and benefit. The burden of a contract can never be assigned without the consent of the other
According to a Brief History of Cunning (podcast), Machiavelli said: one must be a fox to recognise traps and a lion to recognise wolves. When I review contracts, I focus on traps in contracts. This newsletter aims to help you spot and avoid them too. Read the full edition here » Just because you
Concurrent delay is complex, controversial and rarely dealt with in contract conditions (even FIDIC leaves it to special conditions). But before you can begin to grasp the issues in a much-talked about recent case let’s review some basic principles: The prevention principle “The essence of the prevention principle is that
As I have just a read school report packed with advice for my youngest son, I thought I’d provide some ‘targets for improvement’ so you can be more effective when dealing with contracts, agreements or sets of T&C. #TopTipsThursday Read the full edition here » Contracts, according to Ray Kroc
The classic smash and grab adjudication is where the employer fails to serve a payment or pay less notice against a contractors application for payment. It relies on s111(1) of the Construction Act 1996: Subject as follows, where a payment is provided for by a construction contract, the payer must
Once you have realised the truth behind the pesky myths surrounding liquidated damages, you will need to consider what level of liquidated damages should go into your contracts. There are a number of options: If you state £nil, then the client cannot recover any of its losses for late completion
Just because something has always been done that way is not an excuse for continuing with contracts or contract processes that don’t work. To paraphrase Gareth Southgate (the England football manager) “you can write your own history.” Read the full edition here » You can use your freedom to contract
One of my favourite activities in contract workshops when we are reviewing time, is to ask whether the Wembley damages of £120,000 per day are a penalty or fully recoverable by the client (notwithstanding arguments about whether the contractor is entitled to an extension of time). Myths Invariably some of