Collateral warranties (if you don’t know what they are, read what is a collateral warranty) are common on UK construction projects. The problem that they were designed to address is that if the works or services are performed defectively then it won’t necessarily be the employer of the wrongdoers who
A collateral warranty is a simple document designed to create contractual links between the provider of goods, works or services (the warrantor) and a party with a financial interest in the project (the stakeholder). [This definition is taken from the Introduction to How to Write Simple and Effective Collateral Warranties
Although it was over 200 pages (with 30 pages of defined terms), given that it had been through 21 iterations and redrafts, you would have thought the lawyers would have ironed out all the wrinkles and resolved any drafting issues… or not! A contract relating to joint ventures and letters
The City of London Law Society Standard Form of Letter of Intent combines four distinct categories: a record of the current state of negotiations on the intended ‘full’ contract a fall-back position if the full contract is never signed financial limits on the payer’s liability, and a simple contract for
How many facets do you consider when changing your contracts or contracting process? At the very least, you need to consider branding, process and content (these are my three focus areas when delivering a speech). Jacqueline Horani spoke at the World Commerce and Contracting Vibe Summit 2023 about eleven aspects
In 1992, two C-Suite executives from US airlines took to the ring to wrestle out a dispute about trade marks. More than a quarter of a century later, what can companies learn from this? 3 key lessons The first lesson is about deciding a strategy. This wasn’t really about the
Money… in the form of late, incomplete or missed payments is one of the biggest causes of dispute (World Commerce and Contracting Most Negotiated Terms Report 2022). It is critical that both parties to a deal know: when, to which individual and in what format the supplier must apply for
If your contractual relationship starts to deterioriate and it feels like a dispute is brewing, you may be able to rely on your contract. A good contract will provide a clear roadmap for how you can resolve any niggles, rows or disputes, while trying to keep your relationship from failing
Build UK has set out its list of six unacceptable terms for UK construction contracts: fitness for purpose – should not be included except in the process sector [where it is modified by testing and limits on liability] unquantifiable risks – certain items should not be a contractor risk where
Although not common in the construction sector, contractual jargon which regularly confuses users is an ‘endeavours’ obligation. Like reasonable skill and care, this is an input standard – often subjective, qualified and tricky to prove. But what is the difference between best endeavours and reasonable endeavours? A spectrum of inputs