Tag: contract use

Assigning a building contract

Assignment involves the transfer of complicated rights and requires you to be incredibly careful. Once you know what can be assigned, you need to look out for the traps! Historically, the courts were troubled by cases involving whether or not the assignment was subject to consent (if you failed to

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Avoid Disputes with Records

Having considered how a clear contract can help you avoid disputes, Susannah Lee, an expert disputes solicitor,  looks at how disputes can be won and lost with records. Records are an essential (if boring) part of contract management. Max Abrahamson wrote A party to a dispute… will learn three lessons

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Winning the Contract Battle

Although we have had enforceable contracts in English law for 150+ years, the process by which they are formed remains something of a mystery. Our contract processes have been called ‘haphazard’, our approach ‘cavalier’, and we get stuck in endless games of email contract tennis. One way to resolve some

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Review: Spotting Conditions Precedent

Conditions precedent [conditions that don’t build trust] 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

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Using Letters of Intent Successfully

To make letters of intent really work for you, you need a fast but fool-proof process. There are two critical stages: what you do before you send a letter of intent and what you do after. Before You Send It You should check whether the letter of intent you need

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Busting Your Variation Myths

A contract for the execution of work confers on the contractor not only the duty to carry out the work but the corresponding right to be able to complete the work which it contracted to carry out… contracts contain provisions to enable the employer to vary the work in order

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When Letters of Intent Go Wrong: The Funder Perspective

On any construction project, there is likely to be a funder, who lends money to the client for the purposes of getting the development completed. The funder will assess the viability of a project based on factors including: size of the loan ie the amount of money the client needs

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When Letters of Intent Go Wrong: The Advisers’ Perspective

Letters of intent can be recommended in specific circumstances: in view of the perceived importance of achieving early completion and, specifically, early commencement of the works, it was acceptable to advise commencing [the project] under a letter of intent rather than waiting until a formal building contract could be executed.”

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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…

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