If you don’t get paid or your client is in breach of contract, can you just stop work? It can be exceeedingly expensive to get this legal issue wrong! Stop or continue? Under English law, and assuming there is no express term or statutory provision* which allows suspension: the innocent
In 1992, two C-Suite executives from US airlines took to the ring to wrestle out a dispute about trade marks. More than a quarter of a century later, what can companies learn from this? 3 key lessons The first lesson is about deciding a strategy. This wasn’t really about the
Build UK has set out its list of six unacceptable terms for UK construction contracts: fitness for purpose – should not be included except in the process sector [where it is modified by testing and limits on liability] unquantifiable risks – certain items should not be a contractor risk where
For your business to thrive, you need to foster trust with clients while ensuring you’re covered contractually. But how do you do it? In this post, we’ll explore everything you need to know about using your proposal to create trust. 4 tips for better proposals 1. Use your proposal as
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
A contract for the completion of goods, works and services often states an agreed works period or completion date. But is that period/date essential, critical or desirable? An essential term is one without which there is no contract. Under English law, if the parties do not agree a period or
It’s easier to learn from the mistakes of others so let me tell you about one of the worst works contracts I’ve ever reviewed. Although just over 6,000 words (10 pages) long, the building contract was incredibly one-sided because of these terms: A right for the client to cancel the
Even without recessions, pandemics and a ‘cost of running a business’ crisis, not everyone can afford to invest in the legal documents to support their business. However, there are five issues to avoid with writing or using contracts. Copying content If you copy and paste your contract content (irrespective of
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