Contract & tort—general principles

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Practice notes
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...
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Produced in partnership with Victoria Tyson of Corbett & Co 12th Jan
Practice notes
A collateral warranty is a contract which is collateral to, or sits alongside, the underlying or primary contract (ie the construction contract or...
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9th Nov
Practice notes
This Practice Note examines some of the key areas where the NEC3 and NEC4 standard form construction contracts take a different approach to the JCT...
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9th Nov
Practice notes
It is standard practice in construction projects for the contractor, key sub-contractors and consultants (referred to in this Practice Note as...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
While tort claims are not as common in construction projects as breach of contract claims, they do still arise and it is not uncommon for a claimant...
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9th Nov
Practice notes
What is a letter of intent?Letters of intent are used in construction and engineering projects to allow the employer to mobilise a contractor before...
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9th Nov
Practice notes
This Practice Note examines the purpose and content of the schedule of services that will usually be appended to a consultant’s appointment entered...
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9th Nov
Practice notes
This Practice Note looks at Employer’s Requirements (also referred to as ERs) within a building contract. It explains what Employer’s Requirements are...
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9th Nov
Practice notes
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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9th Nov
Practice notes
It is common in construction projects for defects to manifest or appear in the works. Most construction contracts require the contractor to return to...
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9th Nov
Practice notes
In December 2017, FIDIC launched the second editions of the Red, Yellow and Silver Book. This Practice Note is an introduction to the FIDIC Silver...
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Produced in partnership with Victoria Tyson of Corbett & Co 12th Jan
Practice notes
This Practice Note examines the concept of ‘time at large’ in relation to the completion of works under a construction contract, including what time...
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9th Nov
Practice notes
Practical completion marks the end of the construction period of a project, when the works are 'finished' and the employer can occupy and/or use them....
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9th Nov
Practice notes
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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Produced in partnership with Victoria McGie 12th Jan
Practice notes
This Practice Note examines why parties involved in a construction project may enter into an escrow agreement (or escrow deed) to set up an escrow...
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9th Nov

Most recent Contract & tort—general principles content

Q&As
Where a mistake is sufficiently fundamental it can render the contract automatically void. Where a mistake is minor in character, there may be scope...
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15th Feb
Q&As
Contract variationA contract variation is a subsequent change to an original contract. Not all changes to a contractual relationship amount to an...
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15th Feb
Q&As
We refer you to Practice Note: Contract variation.A contract variation is a subsequent change to an original contract. Variations to contracts may...
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15th Feb
Q&As
DeliveryUnder section 1(2) of the Law of Property (Miscellaneous Provisions) Act 1989, a deed must be:•in writing•clear on its face that it is...
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Produced in partnership with Hannah Maidment of HRC Law 15th Feb
Q&As
In answering this Q&A, we have referred to a business-to-business contract.Contracts can be varied in a number of ways:•in writing•orally•by...
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15th Feb
Q&As
Undertakings may have specific meanings and remedies in particular industry sectors (for examples, see Practice Notes: Undertakings (covenants) and...
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15th Feb
Q&As
Physical requirements of a company sealThe requirements for a common seal are outlined in section 45 of the Companies Act 2006 (CA 2006). It is not...
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15th Feb
Q&As
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...
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15th Feb
Q&As
We have assumed that service is pursuant to a notice clause in a commercial contract.Contractual definitionWhere a contract defines what a ‘by hand’...
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15th Feb
Q&As
Variation of contracts and deedsAn existing contract or deed may be varied in writing, provided that the variation satisfies the usual requirements...
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15th Feb
Q&As
We have been unable to find any legal authority for a definition of ‘revenue’.Contract terms will be construed and interpreted in accordance with the...
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15th Feb
Q&As
An undertaking is a promise that one party will do something in the future whereas a warranty is a promise that a present fact or circumstance is...
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Produced in partnership with Steven Murray of Harrison Clark Rickerbys 15th Feb
Q&As
Acceptance of a repudiatory breach discharges the contract.Termination occurs prospectively, meaning the parties are discharged from further...
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15th Feb
Q&As
Where parties disagree on the meaning of an incorporated term, it will be the task of the court to objectively construe the meaning of the term,...
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15th Feb
Q&As
Contracts can be varied in a number of ways:•in writing•orally•by conduct•unilaterally (if permitted under the contract)•by waiver, or•by sustained...
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15th Feb
Q&As
Under section 1(2) of the Law of Property (Miscellaneous Provisions) Act 1989, a deed must be:•in writing•clear on its face that it is intended to be...
Read More >
Produced in partnership with Hannah Maidment of HRC Law 15th Feb

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