Blog

What Does Co-operation Really Mean?

Is it enough to just cc people into emails and hold a few meetings so everyone is informed about progress? Short answer: no. Long answer, read on… Rubbing along together Although there is no overriding duty of good faith under English law (a limited duty appears in some relational contracts),

Read More »

Limits on the Contractor’s Liability under MF/1

MF/1 is a balanced contract providing plenty of opportunities for the purchaser to check the performance of the works – through three series of tests – before the contractor is released from liability.  It also clearly sets out limits on the contractor’s obligations. Limits on scope If you are acting

Read More »

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

Read More »

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

Read More »

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

Read More »

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

Read More »

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

Read More »

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

Read More »

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

Read More »

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

Read More »