Gain insights into the crucial processes of assignment and novation within the construction sector. Navigate the complexities of transferring rights and obligations effectively, ensuring seamless contractual transitions. Our practical guidance equips legal practitioners with the knowledge to implement and advise on these vital procedures, minimising risks and maximising efficiency in construction projects. Explore comprehensive resources to enhance your proficiency in handling these pivotal legal mechanisms.
Battle of the forms—last shot displaced where parties intended different terms to prevail, statutory implied terms not excluded (Tullow Ghana v Vallourec Oil and Gas)
What are preliminaries in a construction contract?What are prelims?‘Preliminaries’ in a construction contract, or ‘prelims’, is typically taken to...
What is a variation on a construction project?A variation (sometimes referred to as a change) is an alteration to the scope of work originally...
Time of the essence—construction contractsWhat does time of the essence mean?Where time is 'of the essence' it means that the stated time for...
Product liability insurance for the construction industryThis Practice Note looks at product liability insurance from the perspective of those engaged...
What is the significance of an equitable assignment in the context of the assignment of future rights under a contract (or a chose in action)?An assignment is the transfer of a right or an interest vested in one party (assignor) to another party (assignee). The effect of a valid assignment is to
What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a
If a rentcharge is shown as being informally exonerated on title information, does this apply to the current registered owner? Or does the informal exoneration only apply to the parties to the document which informally exonerated the rentcharge?This Q&A considers the situation where, at some
Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences may also be relevant. See Practice Notes: Did the claimant consent to the risk of injury? and Was the claimant involved in an illegal activity?If a
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