The Scottish Appeal Court (the Inner House) has confirmed my suspicion that a collateral warranty is impliedly limited by the scope and terms of the underlying agreement. What are collateral warranties? A collateral warranty is a simple document designed to create contractual links between the provider of goods, works or
A claim for a reasonable sum (literally ‘the amount he deserves‘) is available either under an incomplete contract or on the principle of restitution or unjust enrichment in equity. Claims in contract Where there is a contract, quantum meruit applies where: no sum is agreed for the scope set out
The Global Construction Disputes Report 2019 (by Arcadis) confirms that failure to understand or comply with the contract is the number one cause of disputes globally. Professor Renato Nazzini, in his guest foreword says: It would be tempting to look for solutions in ever more complex, more detailed contractual documents
Retention has had its day… Unjustified late and non-payment of a retention is unacceptable BEIS Report October 2017 Or perhaps that is wishful thinking? Build UK is implementing the Construction Supply Chain Payment Charter to move to zero retentions by 2025 (although some more enlightened employers like Network Rail have
Construction contracts and engineering contracts take a flexible approach to completion: time is not of the essence (if they were, then when the contractor was late the client could reject the works, plant or section and pay nothing) the original dates for completion of the work, plant or sections can
Collaboration is not just a key interest of mine (read my posts) but it is also one of the 4 essentials for BIM. In SCL paper D101, Ashcraft states that liability concerns have lead practitioners, and their lawyers, to contractually isolate the BIM – thus depriving the model of its
A few years ago, I was speaking to an audience at an RICS event and someone asked how he should proceed to write a contract if he didn’t trust ‘them’ (also known as ‘the other side’). I was momentarily stunned into silence – a rare and unusual occurrence for me!
There are a number of ways of responding to possible risks events: one option is to exclude your responsibility (or liability) for specific types of claims or specific categories of losses. These terms which give effect to that option are ‘exclusion’ clauses (also known as exemption clauses). The Court of
Most UK construction projects are carried out on standard form contracts which set out specific events which can entitle one or other of the contracting parties to a range of remedies: an adjustment or extension to the planned completion date more money either for carrying out additional works or for
If the other contracting party is in breach, you can can bring a claim for damages to put you in the position you would have been in had the other performed its duties under the contract correctly. Under English law, damages (or compensation) can only be recovered if they are