When is an offer not an offer but the award of a contract? When its a snake in the grass? The TCC recently has to grapple with the rights of the parties under a framework agreement, in unusual circumstances. What is a framework agreement? A framework agreement normally allows an
As a contract drafting lawyer, you might think that asking you to consider ‘should you bother with contracts?’ is a little like asking the proverbial turkey to vote for Thanksgiving or Christmas! Construction contracts in the UK have been around for about 150 years, with published standard forms a product
It has been said (although not by me) that one aims for contracts is to take account of eventualities that can be foreseen, and to ensure that the intentions of the parties are expressed clearly, with certainty, and that the allocation of risks is as intended. But what is the
I hate to make assumptions or to speculate wildly, but… I have a sneaking suspicion that you don’t always understand your contracts. My hunch? When I wrote this post in 2013, my evidence was largely anecdotal. It came from: lawyers’ websites which state that ‘clients do not understand exactly what
A construction project can be divided into distinct phases. This blog reviews the key decision crunchpoints (see also my slideshare stages of a construction project). From the Start The project begins when a client considers she has a business need which may be met by developing new premises. Action: Investigate
How can you make sure your terms and conditions (T&C) get into your contracts? Sometimes you’ll need to win the battle of the forms (read more), but a better approach is to get your contract/proposal/T&C signed in person or accepted by email. A lazy process? When you agree with another
One definition of insanity (attributed to, but never said by, Albert Einstein) is ‘doing the same thing over and over again and expecting different results.‘ This is how it feels to work with collateral warranties. If you don’t know what a collateral warranty is then head to what is a
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