Conditions precedent are requirements that must be met before either (1) the contract as a whole comes into existence, or (2) a specific right under that contract will apply. Your contract won’t always use the phrase ‘condition precedent’, which makes them harder to spot… Here’s a brief spotters’ guide: Examples
What should be the contractor’s remedy when a subcontractor is running late? Under freedom to contract, the parties can decide their rights, remedies, obligations and liabilities – they are masters of their contractual fate. The choice is between recovering an uncertain amount provided you can prove breach and loss in
Stephen R Covey’s 7 Habits are principles to help you become highly effective. There are astonishing parallels with my specialist area of law – contracts. In brief, the first six of the 7 habits can be summarised as ‘make and keep a promise’ and ‘involve others and work out a
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
When writing your contract, you may be tempted to see it as a form of safety-net. Rights and remedies… This means your contract will inevitably focus on what will happen when things go wrong. Is this really a good start to a client relationship? How do you think it makes
Do you have a ‘haphazard’ or ‘cavalier’ approach to the terms of your contracts? Back in 2011, the OFT found evidence that contract users did not “properly assess the transaction or deal they enter into.” It is not a luxury to make sure your contract helps you do business, and
There is no point deciding to write a contract until you have decided it’s purpose. What is your contract meant to do? Here are some suggestions: Create trust You may decide that your contract should create or enhance trust between you and your contract partner. Your contract acts as a
As part of my on-going research into contract writing, I reading Peter Hibberd’s (former Chairman of The Joint Contracts Tribunal) Arbrix paper How Difficult is it to Write a Standard Form Contract? He says: “How difficult is it to write a standard form contract – it depends on what one
Fitness for purpose is a phrase much debated and bandied about. But what does it really mean? What your contract needs If you want your contract to provide a project which is ‘fit for purpose’ you need three things: a contractor responsible for both design and construction (either D&B or
However well-drafted your contract is, there are some terms you cannot avoid and which may be added into your contract. Implied terms can be added to your contract, without your knowledge. They can arise from custom, be imposed by statute, or from decisions of the courts (known as case law),