The following Construction practice note provides comprehensive and up to date legal information covering:
This Practice Note looks at Employer’s Requirements (also referred to as ERs) within a building contract. It explains what Employer’s Requirements are and how, depending on the procurement approach and the building contract, the party who will be responsible for them might vary. It also looks at the approach to Employer’s Requirements in some of the standard forms, and the impact of the CIS v Henry Boot case.
The expression 'Employer’s Requirements' (ERs) is used in JCT and FIDIC contracts to describe the document(s) produced by the employer to set out its requirements in relation to the project (including performance specifications, drawings, initial designs etc) and this is what the design and construction of the works will be based on. The approach in the NEC suite is slightly different: in NEC3 the documents that contain the ‘Works Information’ provided by the employer (ie that set out its requirements) are identified in Part One of the Contract Data. The NEC4 suite takes the same approach as NEC3 but the 'Works Information' is re-named as the 'Scope'.
For ease of reference, this Practice Note uses the expression ‘ERs’ to refer to Employer’s Requirements as found in the JCT and FIDIC contracts and equivalent documents elsewhere.
Depending on the procurement approach adopted, and the specific provisions of the contract, the party who will be responsible for this
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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 account. It looks at the benefits of paying funds into escrow, how an escrow account operates and the provisions typically found in an escrow
This Practice Note considers the nature and scope of arbitration agreements with a particular focus on arbitration agreements pursuant to the law of England and Wales, although it also discusses the concept from an international perspective and includes some comparative examples from other
On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title guarantee which implies standard form covenants for title. A landlord may give a title guarantee when granting a lease, but this is rare in practice.
Deceit—what is it?A deceit occurs when a misrepresentation is made with the express intention of defrauding a party, subsequently causing loss to that party.The elements of a claim in deceit are:•a clear false representation of fact or law•fraud by the maker, in the sense that they knew that the
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