It is readily accepted that products, goods, components and materials have to be reasonably fit for their purpose. That is, after all, what statute provides (Sale of Goods Act 1979 and The Supply of Goods and Services Act 1982). But does this also extend to something as big as a
Although implied terms only require you to be averagely competent, sometimes ‘reasonable skill and care’ means more than mere competency. Specialists On limited occasions, the courts imply a higher standard of care than ‘average’ but only for self-confessed specialists. Specialist: If a consultant has special knowledge, then she is expected
However well-drafted your contract is, there are some terms you cannot avoid and which may be added into your contract. Implied terms can be added to your contract, without your knowledge. They can arise from custom, be imposed by statute, or from decisions of the courts (known as case law),
However well-drafted your contract is, there are some terms you cannot avoid and which may be added into your contract. Implied terms can be added to your contract, without your knowledge. They can arise from custom, be imposed by statute (legislation, laws, rules and regulations), or from decisions of the
However well-drafted your contract is, there are some terms you cannot avoid and which may be added into your contract. Implied terms can be added to your contract, without your knowledge. They can arise from custom or practice (general, mercantile or local), be imposed by statute, or from decisions of
Many contracts contain a clause which allows both partners to change the project or its scope as matters progress. Many of the changes are due to: design development ie completing the scant details that existed when the contracts were signed design changes due to the client changing her mind unexpected
The first element in my STAR analysis is Scope. When reviewing a contract, it is critical that the obligations of both partners are clearly set out. Often the provider – the company providing the goods, materials, and plant or carrying out the works or performing the services – gets all
One of the issues I have grappled with is whether a contract can result in project success. Can your terms encourage the project team to meet its objectives (the carrot approach) or do they merely provide remedies in the event that those objectives are not met (the stick approach)? If
In most contracts, there is a balance to be struck between 3 key aims: time, cost and quality. It is impossible to have the best of all three. The British Library project is a great example of when the decision-makers chose quality as their priority, sometimes without thinking about the
One of the hardest items in a contract to draft effectively is any limit on your liability. Some of the reasons are: they get a lot of focus in the courts who interpret them strictly i.e. the court will only allow you to rely on a limit if it is