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Excluded Claims

There are a number of ways of responding to possible risks events: one option is to exclude your responsibility (or liability) for specific types of claims or specific categories of losses. These terms which give effect to that option are ‘exclusion’ clauses (also known as exemption clauses). The Court of

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Who bears the risk?

Most UK construction projects are carried out on standard form contracts which set out specific events which can entitle one or other of the contracting parties to a range of remedies: an adjustment or extension to the planned completion date more money either for carrying out additional works or for

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The Dotted Line: Rubbish presents

When you see a pile of presents, do you ever think how much of it will be rubbish or redundant tomorrow? The same goes for contracts. It is only by taking contracts apart clause by clause that you can really tell how much is ineffective ‘wrapping’. Read the full edition

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Right to Finish

A contract is a legally binding agreement that creates mutual rights and obligations on the contracting parties. A contract not only obliges the contractor to provide specific works or services but also gives the contractor a right to finish those works or services. There are two mechanisms by which contracts

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Beware Unfortunate Consequences

If the other contracting party is in breach, you can can bring a claim for damages to put you in the position you would have been in had the other performed its duties under the contract correctly. Under English law, damages (or compensation) can only be recovered if they are

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The Dotted Line: Is it all about length?

Can you win business with simpler contracts? Can you get people to read dreaded small print? Two stories could convince you that it’s time to change… Read the full edition here » In this video I share the secret of 500 words: If you’d like to receive The Dotted Line

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When is payment really due?

The Construction Acts 1996 and 2009 introduced a process for payment for construction contracts, based on payment by instalments. However, the Acts also introduced some terms which can confuse you, as all is not what it appears: the due date: this is not the date on which the (sub)contractor can

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Copying Clauses on Concurrent Delay

If you understand the principles on concurrent delay then you might also be aware of the debate whether the contract should define concurrent delay and pass its risk to the contractor. In North Midland v Cyden, the parties amended the standard JCT contract to require: the contractor to make reasonable

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The Dotted Line: It’s not a fairytale

A contract is meant to be a tool to help you do business, not some sort of fairy tale—especially if you don’t know if it will end with the protagonists smiling (the Princess and the Pea) or one being eaten by the other (the Tinderbox). Read the full edition here

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Can You Trust the Employer with Your Retention Money?

The retention is a separate ‘pot’ of money, which increases in line with the price paid to the contractor. Retention is the contractor’s money which the employer kidnaps and holds to ransom until the end of the defects period. According to the 2017 BEIS research paper retention is “is a

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