Category: Review

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

April 30, 2013

A photo of the head and shoulders of a sculpture of a person, created from letters and alphabetical characters of all origins including Hebrew and Arabic and Japanese. There is a blue sky and bright sunshine seen behind and through the person. The ash tree on the left of the image is just begining to come into bud. Sculpture by Jaume Plensa at Yorkshire Sculpture Park. Photo by Sarah Fox

Is your letter of intent a contract?

There are five essentials for a contract: offer acceptance intention to create a contract consideration (the price or a promise) and certain & complete terms. Whether any specific agreement, document, text or voice-message meets all those requirements is a matter of fact to be determined by a court. Was it

March 15, 2013

A photo of a medusa like face screaming in horror. The sculpture is a relief in stone and seen at Powis Castle, Wales. Photo by Sarah Fox

Review your bond: is it on demand?

Being the recipient of a bond is a little like being given a betting slip. The bond, of which you are now a proud owner, promises much. It may even be the key to huge wealth. Or, in the end, it may prove to be a worthless piece of paper.

March 8, 2013

A photo of an art installation at Yorkshire Sculpture Park where letters dangle down a wire like beads on a curtain. In the background are the grounds of the park including a high hedge. The letters represent the text included in collateral warranties and other contracts. Photo by Sarah Fox

Critical questions for reviewing collateral warranties

Warranties, in construction, are unusual documents. The two parties (the companies who sign the warranty) rarely meet and have little communication with and no control over each other. A collateral warranty is: an agreement between a provider of goods, works or services (the warrantor) and a tenant, purchaser or funder

February 12, 2013

The brass handles on a pair of blue doors are wrapped in a silver chain whose ends are linked together with a brass padlock.

Review your bond: does it need insolvency?

A bond is a contract which allows the recipient (the employer) to bring a claim against the bondsman (a bank or insurance company) if a ‘trigger event’ occurs during the construction project. The precise rules for bringing a claim depend on the words of the bond itself. Getting paid under

November 9, 2012