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
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
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
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
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
When it comes to certainty there are two hurdles for a contract to overcome: Is there enough certainty on essential terms for there to be a binding contract in law? If there is a contract, are all the terms certain enough for the court to interpret and enforce them? This
One of the most common misconceptions I come across, when delivering contract awareness training to consultants or contractors, is the belief that an insurance policy limits your liability to your clients. It doesn’t. Insurance is merely an asset against which your clients could bring a claim. The impact of the
I’m not sure this judge (HHJ Stephen Davies) has a very high opinion of main contractors as he said: There is plainly evidence that the claimant was struggling with cashflow on this project. The correspondence clearly demonstrates that, like many main contractors, it would use almost every trick in the