Execution clauses

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Recent developments in professional indemnity insurance for the construction sector

The following Construction news provides comprehensive and up to date legal information on Recent developments in professional indemnity insurance for the construction sector

Brexit—the end of public procurement rules or business as usual?

The following Construction news provides comprehensive and up to date legal information on Brexit—the end of public procurement rules or business as usual?

Adjudicator’s decision unenforceable due to failure to exhaust jurisdiction (Barhale v SP Transmission)

The following Construction news provides comprehensive and up to date legal information on Adjudicator’s decision unenforceable due to failure to exhaust jurisdiction (Barhale v SP Transmission)

Ambiguity defrosted? Court of Appeal clarifies ‘unambiguous impropriety’ exception to without prejudice privilege in freezing injunction context (Motorola v Hytera and Shortway)

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Build Operate Transfer (BOT) contracts

The Public Private Partnership (PPP) models are a popular way for governments to involve private investment, expertise and risk in procuring...

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Practice notes

Target cost contracts on construction projects

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9th Nov

Practice notes

Defects liability period and rectification of defects

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Practice notes

Loss and expense

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In-house

Practice notes

Concession contracts—materials and resources

Brexit impact—public procurement: The UK public procurement regime derives from EU public procurement laws, and is therefore impacted by the UK’s...

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Practice notes

Schedules of services

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9th Nov

Practice notes

Negligence in construction

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Practice notes

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 specified in the contract, whether by way of an...

9th Nov

Practice notes

Step-in rights in a collateral warranty

It is standard practice in construction projects for the contractor, key sub-contractors and consultants (referred to in this Practice Note as...

9th Nov

Practice notes

NEC and JCT contracts compared

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Practice notes

Liquidated damages in construction contracts

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In-house

Practice notes

SBCC (Scottish Building Contract Committee) standard forms of contract

This Practice Note looks at the SBCC (Scottish Building Contract Committee) standard forms of contract and the key differences between them and the...

Produced in partnership with MacRoberts LLP 12th Jan

Scottish Law

Practice notes

FIDIC contracts—introduction to the Yellow Book 1999

This Practice Note looks at the FIDIC Conditions of Contract for Plant and Design Build 1999, commonly known as the FIDIC Yellow Book 1999.FIDIC...

Produced in partnership with Victoria Tyson of Corbett & Co 12th Jan

In-house

Practice notes

Interim payments in construction contracts

This Practice Note provides an overview of what interim payments are, how the right to be paid (usually by monthly or stage/milestone payments) arises...

9th Nov

Practice notes

JCT Pre-Construction Services Agreement

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Practice notes

Duty to warn

This Practice Note examines the extent to which contractors, sub-contractors and consultants have a duty to warn their employer of inadequacies that...

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Practice notes

Parties in a construction project

This Practice Note identifies the key parties involved in most construction projects (including the employer, the contractor, the professional team of...

9th Nov

Most recent Execution clauses content

Practice notes

Property deeds—valid execution by individuals

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...

15th Jan

Practice notes

Executing deeds and documents in property transactions—charities

Incorporated v unincorporated charitiesThere are currently a number of incorporated or unincorporated structures that are adopted by...

15th Jan

Practice notes

What are the signature requirements for property contracts?

Law of Property (Miscellaneous Provisions) Act 1989A contract for the sale or other disposition of land, or of any interest in land, is void unless it...

15th Jan

Practice notes

Electronic signatures

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by procedural changes in response to the coronavirus...

8th Jan

COVID-19

In-house

Practice notes

Executing documents—deeds and simple contracts

This Practice Note summarises the law, guidance and practice relating to the execution of simple contracts and deeds. It considers the key differences...

8th Jan

COVID-19

In-house

Q&As

Is exchange of scanned copies (in whole or in part) sufficient for execution of an agreement in counterpart or are originals required?

Counterpart agreementsBoth deeds and contracts can be executed in counterparts. A counterpart essentially means a duplicate document. Every party to...

Produced in partnership with Lynne Counsell of 9 Stone Buildings 8th Jan

Q&As

Can an overseas company sign an English law contract on behalf of its UK branch?

The Companies Act 2006 defines an ‘overseas company’ as any company incorporated outside the UK. An overseas company has to be registered at Companies...

24th Dec

Q&As

Where an execution block is amended after execution and delivery of a deed, is the position the same where the amendment occurs both before and after the deed has been delivered and therefore completed?

The requirements of a deed are set out under section 1 of the Law of Property (Miscellaneous Provisions) Act 1989 (LP(MP)A 1989). To be a deed, an...

6th Dec

Q&As

If a company director signed a deed on behalf of Company A and then subsequently resigned prior to the other party signing the deed, is the signature by Company A still valid?

In Re Armstrong Brands Ltd (in administration), a floating charge was signed by a director of a company but left undated. It was not in fact dated...

6th Dec

Q&As

What evidence should be sought to ascertain the status and authority of the person signing a deed as a partner on behalf of a general partnership?

A partner’s authority to act on behalf of a partnership is based on agency. Each partner is an agent of the partnership and the other partners for the...

6th Dec

Q&As