Blog

IChemE Fitness for Purpose

Fitness for purpose clauses impose a duty on a contractor to achieve a specific result. They have come under scrutiny as a result of a series of cases in the English courts which imposed significant damages onto a contractor, in complex factual scenarios [read more]. This post considers the IChemE

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MF/1 Fitness for Purpose

Fitness for purpose clauses impose a duty on a contractor to achieve a specific result. They have come under scrutiny as a result of a series of cases in the English courts which imposed significant damages onto a contractor, in complex factual scenarios [read more]. This post considers the MF/1

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The Dotted Line: Back to school!

In England, it is nearly the start of a new term. My last newsletter was an end of term ‘report card’ for contracts – this time I am getting you ready with a ‘back to school’ checklist for your contracts (h/t #LadiesGoLive). Read the full edition here » How else

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NEC4 Fitness for Purpose

Fitness for purpose clauses impose a duty on a contractor to achieve a specific result. They have come under scrutiny as a result of a series of cases in the English courts which imposed significant damages onto a contractor, in complex factual scenarios [read more]. This post considers the NEC4

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FIDIC Fitness for Purpose

Fitness for purpose clauses impose a duty on a contractor to achieve a specific result. They have come under scrutiny as a result of a series of cases in the English courts which imposed significant damages onto a contractor, in complex factual scenarios [read more]. This post considers the FIDIC

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The Dotted Line: Must do better

Today’s the day that my eldest son receives his A levels results… It got me wondering what the report card for a contract would say? This edition look at the issues with Twitter’s terms of service – rather than referring you to the terms of service, please go to slideshare and read

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Assigning a building contract

Assignment involves the transfer of complicated rights and requires you to be incredibly careful. Once you know what can be assigned, you need to look out for the traps! Historically, the courts were troubled by cases involving whether or not the assignment was subject to consent (if you failed to

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What is Assignment?

Assignment is a transfer of rights from one person to another. It is trite law that it is, in any event, impossible to assign ‘the contract’ as a whole, i.e. including both burden and benefit. The burden of a contract can never be assigned without the consent of the other

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The Dotted Line: It’s a trap

According to a Brief History of Cunning (podcast), Machiavelli said: one must be a fox to recognise traps and a lion to recognise wolves. When I review contracts, I focus on traps in contracts. This newsletter aims to help you spot and avoid them too. Read the full edition here » Just because you

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Can the contractor risk being late?

Concurrent delay is complex, controversial and rarely dealt with in contract conditions (even FIDIC leaves it to special conditions). But before you can begin to grasp the issues in a much-talked about recent case let’s review some basic principles: The prevention principle “The essence of the prevention principle is that

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