This Practice Note examines the situation whereby two or more competing causes of delay (independent of each other) arise on a construction project, and what...
In most cases, a construction contract will incorporate a number of documents that all work together to set out the obligations and liabilities of the parties and to...
The question of who owns intellectual property in the designs, drawings, specifications etc created in relation to a construction project is very important for all the...
An electronic signature is the electronic equivalent of a handwritten signature and links a person to the contents of an electronic document. This Practice Note...
Incorporated charities There a number of corporate vehicles that can enjoy charitable status: • a charitable company (which will invariably be a company limited by...
This Practice Note summarises the law, guidance and practice relating to the execution of simple contracts and deeds. It considers the key differences between deeds and...
There are an array of different types of dispute resolution clauses, providing for various mechanisms by which parties' disputes can be resolved. Adjudication clauses...
What is an assignment An assignment is the transfer of a right or an interest vested in one party (the assignor) to another party (the assignee), for example, the...
This Practice Note provides specific guidance on exclusions and limits of liability relevant to consultant appointments. It should be read alongside Practice Note:...
'No greater liability' clauses are a common feature of collateral warranties (and third party rights memoranda). Their purpose is to ensure that the warrantor does not...
What is novation? Novation is the transfer of one party’s rights and obligations under a contract to a third party. Novation effectively substitutes a contracting party...
To be a deed, an instrument must be validly executed: • by the person executing it or a person authorised to execute it in the name of or on behalf of that person, or •...
This Practice Note considers the terms ‘best endeavours’, ‘all reasonable endeavours’ and ‘reasonable endeavours’ that are frequently used in commercial agreements....
The Bribery Act 2010 (BA 2010) was passed to ensure the UK’s compliance with the Organisation for Economic Co-operation and Development's (OECD) Convention on Combating...
This Practice Note considers the status of the programme in a construction contract, what difference it makes if the programme is a contract document and the...
This Practice Note looks at the key features of the Contracts (Rights of Third Parties) Act 1999 (C(RTP)A 1999), and how third party rights are used in construction...