Where the architect or engineer is employed to design and supervise a building or works, the contract is often informal, but frequently the standard conditions of engagement will be incorporated in the contract1. Where drawings and plans2 are submitted in a competition the published conditions of the competition, coupled with the acceptance by the architect, may constitute a written contract to employ the successful competitor3.
Under Part II of the Housing Grants, Construction and Regeneration Act 19964, the definition of a construction contract5 includes an agreement to do architectural, design or surveying work, or to provide advice on building, engineering,
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What is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract, has been invalidated in some way:•the effect of rescinding a contract is to extinguish it and restore the parties to their pre-contractual positions•the main grounds of
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and procedure in the civil courts that have been introduced as a result of the coronavirus (COVID-19) pandemic. For guidance, see Practice Note: Coronavirus
This Practice Note considers the doctrine of forum non conveniens, also referred to as the appropriate forum or the proper place for a dispute to be determined. This doctrine is of relevance when determining whether the courts of England and Wales have jurisdiction to hear a dispute and is applied
This Practice Note examines:•why negative pledge clauses are used in commercial transactions •the consequences of breaching negative pledge provisions•how negative pledges are viewed in the context of security and quasi-security, and•key considerations when drafting a negative pledge clauseWhere
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