Blog

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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The Dotted Line: The season of mischief

This is the season of mischief… whether it is mischief night, Halloween or Guy Fawkes’ night. Much as you might like mischief for entertainment, you don’t need it with your contracts! Here’s how to stay on the right side of naughty… Read the full edition here Sometimes the best course

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The Dotted Line: Learning from mistakes

Contracts can be a burden and a bore… but a bad contract process can be even worse. From the exceedingly costly mistakes of others, here are three quick tips to improve your contract process. Read the full edition here How not to annoy your clients with poor process: https://www.youtube.com/watch?v=DF0pCv0Wdew Would

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Why risk it?

Do you know your place? According to the English courts, the very idea that a sophisticated contract was negotiated with the host of a posh drinks reception at the Wallace Collection, London would have been ‘socially dysfunctional and commercially inappropriate‘. A company specialisting in advice for mergers and acquisitions (Moorgate

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Limited guarantees

The Scottish appeal court has recently agreed with something I have been asserting for years, that a collateral warranty is impliedly limited by the scope and terms of the underlying agreement. What is a warranty? A warranty is a simple document designed to create contractual links between the provider of

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The Dotted Line: Why bother?

Ever wondered why you bother? As a contract writer, I know most people do not love their contracts. Mostly because their creation feels like a necessary evil, with zero relevance to your commercial aims or values. Let me explain… Read the full edition here Is it really possible to create

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