Category: Letters of Intent

What’s in a Name? An Irish Letter of Intent

When discussing letters of intent, this blog has so far focused almost exclusively on the current (dire) examples in use in the UK construction industry. These are mostly a mish mash of types of contract, cobbled together and sent with fingers firmly crossed behind the sender’s back. After talks on

Read More »

A to Z of Letters of Intent

Collected at last, links to my LinkedIn posts on letters of intent A How Can You Accept a Letter of Intent What is the legal equivalent of ‘hell yes’? B What to Do Before Sending A Letter of Intent Searching questions to check a letter of intent is the right

Read More »

When Letters of Intent Go Wrong: A Contract Administrator Perspective

The contract administrator on a construction project is the ‘coordinator and guardian of the client’s interests‘. She is critical in finalising the building contract. In Ampleforth v TTPM the court reviewed her role and said that whilst the contract administrator was not under any absolute obligation to get the contract signed…

Read More »

Which is Better: Letter of Intent or Contract?

This statement perfectly explains why letters of intent are meant to be temporary: The execution of a contract is to be seen not as a mere aspiration but rather as fundamental. It is the contract that defines the rights, duties and remedies of the parties and that regulates their relationships.

Read More »

What’s Your Response to Increasing Risk?

What is the long-term impact of transferring all the risk on a construction project to the contractor? In April 2016, defects found in 17 schools in Edinburgh resulted in those schools being closed to pupils. Like design and build, construction management and other procurement strategies, the Private Finance Initiative schemes

Read More »

Get it Signed

Do we hate paperwork so much that we are prepared to start multi-million pound construction projects without a contract? The data The NBS Contracts and Law Survey 2018 (like its predecessors) highlights that roughly 1/3 of projects start without a proper contract being finalised. LIke the 2015 survey it found:

Read More »

Simplest is Best

As the judge in Twintec v Volkerfitzpatrick said: As with so many things, the simplest solution is often the best When you next write a collateral warranty, construction contract or letter of intent, keep it simple. The survey of contract users reported in the 1995 Latham Report proposed that simple

Read More »

What Is Your Purpose for Your Letter of Intent?

The main problem for writers of letters of intent is that they don’t ask why the parties are using a letter of intent. You may not need a letter of intent at all. What’s Your Purpose? Is the purpose of your letter to … award the contract for the works

Read More »

Avoiding Disputes When Using Letters of Intent

There are three elements to avoiding and minimising disputes when you are using a letter of intent. Stepping stone The first is to recognise that a letter of intent is merely the first stage in the contract negotiation process. A letter of intent is a means to an end not

Read More »