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
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
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
The Scottish Appeal Court (the Inner House) has confirmed my suspicion that a collateral warranty is impliedly limited by the scope and terms of the underlying agreement. What are collateral warranties? A collateral warranty is a simple document designed to create contractual links between the provider of goods, works or
If you don’t have a signed contract, you are creating trouble for yourself. To prove your rights and remedies, you will need to overcome various evidential hurdles to prove the 5 requirements for a contract. What happens when your carefully crafted contract is lost from a computer late at night,
Once your chat in a posh drinks reception is not upheld as a contract, you might want the court to consider if you are entitled to some money on the basis of ‘unjust enrichment’. A claim for unjust enrichment is not a claim in contract law, but in a much
The Global Construction Disputes Report 2019 (by Arcadis) confirms that failure to understand or comply with the contract is the number one cause of disputes globally. Professor Renato Nazzini, in his guest foreword says: It would be tempting to look for solutions in ever more complex, more detailed contractual documents
I went from nodding in agreement to shaking my head in just two sentences: A contract sets out the expectations of both the client and the contractor. A contract gives you the peace of mind that the contractor will deliver the project within an agreed timeframe, at an agreed cost
Do you want a tried and tested contract? Really? Tried before the courts because it wasn’t clear enough? Tested by years of use and abuse [read Ken Adams’ view on tested language in contracts]? One of those contracts which surveys have held stoke mistrust? Or one of the ones which
Retention has had its day… Unjustified late and non-payment of a retention is unacceptable BEIS Report October 2017 Or perhaps that is wishful thinking? Build UK is implementing the Construction Supply Chain Payment Charter to move to zero retentions by 2025 (although some more enlightened employers like Network Rail have