Fladgate

Experts

6

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Katya Vagner
Solicitor
Fladgate
Kelly Whiter
Partner
Fladgate
Nathan Evans
Partner - Solicitor
Fladgate
Tim Wright
Partner
Fladgate
Contributions by Fladgate

7

Construction insurance—overlap between the works and existing buildings
Construction insurance—overlap between the works and existing buildings
Practice Notes

This Practice Note considers insurance for construction projects where the works are being carried out either within or adjacent to existing buildings. This Practice Note explains the options for insuring existing buildings, how the JCT contracts deal with the issue, and which party should be taking out the insurance policy. The note also explains the difficulties which arise in practice when works are being carried out in an existing building and tenants are in place.

Mediation of construction disputes
Mediation of construction disputes
Practice Notes

This Practice Note considers mediation as a strategy for resolving construction disputes. It looks at when mediation may be appropriate, the typical procedures and features of mediation, and its potential advantages over other forms of dispute resolution.

Non-negligent insurance
Non-negligent insurance
Practice Notes

This Practice Note looks at non-negligent damage and the insurance available to provide cover in respect of this risk.

Project specific insurance policies
Project specific insurance policies
Practice Notes

This Practice Note examines project policies which can be taken out in respect of a specific project—it looks at what is, and is not, covered by such insurance and at who it covers. The note considers when a project policy may be appropriate and also looks at the availability of decennial insurance.

Sub-contractors' insurance
Sub-contractors' insurance
Practice Notes

This Practice Note looks at how sub-contractors’ liability is typically covered by insurance and considers how the standard forms construction contracts deal with sub-contractor insurance. It also examines the difficulties that can arise in respect of sub-contractor insurances and what the parties involved can do about them.

Terrorism—risk and insurance for construction projects
Terrorism—risk and insurance for construction projects
Practice Notes

This Practice Note looks at how standard form construction contracts allocate the risk of terrorism (particularly the JCT contracts). It also explains ‘Pool Re’ cover, which provides insurance cover against some terrorism-related risks.

When is mediation appropriate for a construction dispute? [Archived]
When is mediation appropriate for a construction dispute? [Archived]
Practice Notes

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note considers the types of construction dispute that mediation is most suited to (and those to which it is less likely to be suited). It also highlights the advantages of mediation in resolving construction disputes.

Contributions by Fladgate Experts

9

Contract localisation
Contract localisation
Practice Notes

This Practice Note identifies changes to foreign business-to-business contract terms typically required to ‘localise’ them for use in the UK under English law and, conversely, the terms that typically need to be reviewed if English law business-to-business contract terms are to be adapted for use in a different jurisdiction. In this context, it focuses on common commercial terms in IT contracts, general English law localisation issues, common law implied terms, statutory controls on contract terms and some common issues with English law doctrines and convention.

Drafting and advising on an invitation to tender (ITT) for private procurement
Drafting and advising on an invitation to tender (ITT) for private procurement
Practice Notes

This Practice Note provides practical guidance when drafting and advising on an invitation to tender (also known as a request for proposal) in the context of a commercial private procurement transaction. It includes considerations on preparation and planning, confidentiality and intellectual property, approach, legal status, key issues, drafting considerations, contractual terms and conditions, evaluation criteria, stakeholder management and cross-border issues.

Using framework agreements for services
Using framework agreements for services
Practice Notes

This Practice Note explains the key legal and practical issues involved in using framework agreements for services. It explains what framework agreements are, the reasons for using these types of agreements (or not) and points to consider when drafting a framework agreement.

Wilful misconduct and deliberate default in commercial contracts
Wilful misconduct and deliberate default in commercial contracts
Practice Notes

This Practice Note sets out guidance upon the meaning, use and importance of commonly used terms in exclusion and limitation of liability clauses in commercial agreements, including the terms: abandonment; wilful misconduct; and deliberate default. It considers how these terms have been interpreted via case law and includes tips for parties when drafting and negotiating commercial agreements.

Intra-group services agreement
Intra-group services agreement
Precedents

This Precedent intra-group services agreement is intended for use as a supply of services agreement where the customer and the supplier are members of the same group of companies and, as such, it is not intended to favour either party and, where appropriate, it adopts a simpler approach than equivalent business-to-business (B2B) agreements. For example, detailed provisions relating to supplier evaluation, warranty periods and performance criteria, and supply chain clauses such as those dealing with modern slavery and anti-bribery have been omitted.

Intra-group services agreement—international
Intra-group services agreement—international
Precedents

This Precedent international intra-group services agreement is intended for use as a supply of services agreement where the customer and the supplier are members of the same group of companies and where the supplier company is located in a jurisdiction other than England and Wales. The Precedent is not intended to favour either party and, where appropriate, it adopts a simpler approach than equivalent business-to-business (B2B) agreements. For example, detailed provisions relating to supplier evaluation, warranty periods and performance criteria, and supply chain clauses such as those dealing with modern slavery and anti-bribery have been omitted.

Manufacturing agreement—pro-customer
Manufacturing agreement—pro-customer
Precedents

This Precedent manufacturing agreement is for use where a manufacturer manufactures product on behalf of a customer, and is drafted with a pro-customer bias. This manufacturing agreement assumes that the customer supplies the design specification for the product and the manufacturer provides the raw materials and packaging for the manufacture of the product. An optional exclusivity clause is included requiring the manufacturer to only manufacture the product for the customer. In this Precedent manufacturing agreement, the customer retains the ownership of all intellectual property rights in the product manufactured and any improvements relating solely to the product. It is assumed that tooling is supplied by the manufacturer as part of the price.

Manufacturing agreement—pro-manufacturer
Manufacturing agreement—pro-manufacturer
Precedents

This Precedent manufacturing agreement is for use where a manufacturer manufactures product on behalf of a customer, and is drafted with a pro-manufacturer bias. This manufacturing agreement assumes that the customer supplies the design specification for the product and the manufacturer provides the raw materials and packaging for the manufacture of the product. In this Precedent manufacturing agreement, each party retains ownership of all intellectual property rights that they bring to the arrangement and any improvements created by them. It is assumed that tooling is supplied by the manufacturer as part of the price.

How can I manage the effects of inflation when negotiating price and payment clauses in a commercial
How can I manage the effects of inflation when negotiating price and payment clauses in a commercial
Q&A

This Q&A outlines some of the key issues to consider when seeking to manage the effects of inflation during the negotiation of price variation clauses in a commercial contract.

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