Blog

Effectively using ‘subject to contract’

If you have spent time and effort carefully crafting an agreement, then when should you mark them ‘subject to contract’? Never? In my experience this phrase does more harm than good. If you are still discussing or negotiating your contract, then it may prevent a contract occuring prematurely. But it

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Is NEC really unique in being simply drafted?

During the Annual NEC User Group conference, I had a lively twitter debate with Chris Hallam (@ChrisHallamLaw), a Partner at CMS, on the use of NEC3 (the New Engineering Contract, Engineering and Construction Contract, Third edition). From reading between the lines, I don’t think he’s convinced by NEC’s preference for

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When is an offer not an offer?

When is an offer not an offer but the award of a contract? When its a snake in the grass? The TCC recently has to grapple with the rights of the parties under a framework agreement, in unusual circumstances. What is a framework agreement? A framework agreement normally allows an

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Can you change a bonded contract?

Can you amend a bonded (or guaranteed) contract without the beneficiary losing its rights to claim under the associated bond? This was the decision of the Court of Appeal in Hackney Empire v Aviva which has received more coverage than most bond cases. Is it because the case decided a

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Review your bond: does it survive changes?

With any bond and all guarantees, it is imperative that the document continues to provide a form of surety throughout the life of a project. That means the document has to continue to bite even where there are changes to the project: whether that is changes to the scope, the

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Review your liability for breach

A few years ago, a developer (Gubbins) appointed an engineering firm (Grimes) for a housing development. Grimes agreed to design a road and the drainage, and obtain the relevant s38 agreement (for adoption of the road by the local authority). That work had to be completed by March 2007. It

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Write your contract for users

What should your contracts try and do? My 500-word contracts are designed to build trust, and safeguard your business without annoying your clients. Being Too Literal One of the concerns of any person writing a contract is to ensure that the contract is interpreted as the parties intend. Not just

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Review your share of the losses

Imagine you own a patisserie in London and part of your shopfront falls onto a passing pedestrian (a whole family of them). If you had recently had works done to your shopfront then, as the shopowner who is good with patisserie and not really a connoisseur of construction, you might

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What is freedom to contract?

You may have heard that under English laws, individuals and companies have ‘freedom to contract’. But what does that jargon mean? Freedom to contract has several aspects: you can choose whether you enter into a contract, and with which persons (party freedom, or freedom to contract); you can choose the

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A close-up photo of two human hands shaking to indicate their agreement. One (my son) has a glimpse of a white shirt cuff and clear button. The other (my sister) wears a pink cardigan. Photo by Sarah Fox
Sarah Fox

Can you contract with a handshake?

As a contract drafting lawyer, you might think that asking you to consider ‘should you bother with contracts?’ is a little like asking the proverbial turkey to vote for Thanksgiving or Christmas! Construction contracts in the UK have been around for about 150 years, with published standard forms a product

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