In a 2022 case concerning a £154m energy from waste EPC (engineer, procure, construct) project the court had to review the relevant contemporaneous evidence and key legal documents. The court noted that the EPC contract and its schedules run to 7,259 pages. The Outotec subcontract is less complex at 564
No-one really likes disputes (except a few claims consultants or lawyers). So why don’t we spend more time engineering them out of construction? As HHJ Brian Preston said The best way to resolve to a dispute is to pre-empt it and not have the dispute in the first place… A
One of the issues relating to letters of intent is whether the intended standard form contract’s terms apply before that contract is signed. Let’s consider some of the typical ways the paying party seeks to introduce those terms and what the courts have said about whether that attempt works. Current
Subcontractor agreements (subcontracts) are often intended to be back-to-back with the main contract but this can lead to ambiguity and inconsistency for a subcontractor. What happens when the contractor’s works contract sets out a higher quality standard than that in the subcontractor’s contract? Back-to-Back Many subcontracts include clunky attempts to
A contract for the completion of goods, works and services often states an agreed works period or completion date. But is that period/date essential, critical or desirable? An essential term is one without which there is no contract. Under English law, if the parties do not agree a period or
Unless your contract is exceptionally clear, courts are often required to interpret what a contract meant. The general principles are fairly simple (what does it mean?). What the courts do not want the parties to do is: latch onto infelicities or oddities (errors, consistencies and strange terms) to disrupt a
My monthly contract tips have been reflecting on ways to create more positive content. Find out more about the A to Z of great contract content: Accurate to safeguard your business Brief covering who, what, why, when, how and how much Clear at the very least on scope, price and
A contract requires an agreement on all essential terms, an intention to create a binding contract, a value exchange (what lawyers call ‘consideration’) and certainty. Determining the point at which the parties have agreed all the essential terms, is rather more difficult in practice than the internet would lead you
Stop procrastinating over improving your contracting and adopt some of these tips, tools and ideas to help you contract like a pro: Process: Create a contract strategy Avoid the temptation to change the deal in your contract Decide if you’re ready to & then implement digital contracting Negotiate confidently (5
A contract is a very serious matter… you can’t suggest people go and have fun once it’s signed. That’s me told… a senior lawyer admonished me in this way after reviewing an early edition of the 500-word contract (and its user guide). But you can have fun with contracts: consider