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CHECKLISTS
This flowchart illustrates the process which may be followed where it is intended that the benefit of a construction contract be assigned from
PRACTICE NOTES
This Practice Note explains SRA requirements and guidance on the process for applying for admission as a solicitor, following a training contract. It does not deal with qualification via the Solicitors Qualifying Examination (SQE) or via an apprenticeship. Admission requirements Under the training contract route to qualification, to be admitted as a solicitor a trainee must: • complete the academic stage, for which the options are: ◦ a qualifying law degree ◦ the Common Professional Examination ◦ an Exempting Law Degree, ie a qualifying law degree incorporating a Legal Practice Course, or ◦ an Integrated Course, ie a course incorporating the foundations of legal knowledge and the Legal Practice Course • complete the vocational stage by: ◦ passing the Legal Practice Course ◦ passing the Professional Skills Course, and ◦ completing a period of recognised training with an authorised training provider, ie, a training contract • satisfy the SRA’s character and suitability requirements From 1 November 2015, the SRA has permitted qualification via an apprenticeship route,
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This practical guidance relates to the pre-Procurement Act 2023 regime This Practice Note contains guidance relevant to public procurement exercises commenced before the Procurement Act 2023 (PA 2023) came into force on 24 February 2025. In-scope procurements begun on or after this date are governed by PA 2023. Under the transitional and savings provisions for PA 2023, the previous public procurement regimes continue to apply to the extent necessary to allow contracting authorities to complete and manage procurements commenced before PA 2023 came into force. This Practice Note should be read in that context. For background reading, see Practice Note: Introduction to the Procurement Act 2023—PA 2023. Further practical guidance on PA 2023 is set out in a separate subtopic, see: Procurement Act 2023—overview. Additional requirements following award of a public contract—pre-PA 2023 Occasionally, following the award of a contract for works, services or supplies under the Public Contracts Regulations 2015 (PCR 2015), SI
Q&As
Termination of a contract in the absence of an express term We have a range of documents on the subject of terminating contracts: • Terminating contracts—how and when a contract ends—overview • Termination and expiry of contracts • Termination for breach of contract • How to terminate an agreement • Contract termination—checklist See also the Terminating contracts subtopic. The general rule is that a contract can be terminated on reasonable notice (except for certain statutory exceptions such as commercial agency arrangements), provided this does not conflict with an express term to the contrary. Consideration will need to be given as to whether the parties intended for the contract not to provide a right to terminate, and the courts will look to the parties' intention, or whether the absence of a right to terminate is potentially a mistake. See Practice Note: Mistake in
CHECKLISTS
ARCHIVED: This Checklist has been archived and is not maintained. It considers the potential consequences of Brexit and signposts resources to prepare contracts for Brexit in advance of IP completion day. For information on the impact of IP completion day on contracts and more generally on commercial law, see Practice Notes: What does IP completion day mean for contract clauses? and What does IP completion day mean for Commercial? This Checklist of contract clauses and resources sets out the potential consequences of Brexit and considers the impact on commercial contracts. It sets out the considerations which should be given to a contract and the contractual clauses or resources which may help. This Checklist can be used when assessing existing contractual arrangements that may require attention to ensure continuity of commercially viable relationships following exit day and when negotiating contracts that are required to be fit for purpose beyond the end of the implementation period. Key commercial resources Our Brexit contract management toolkit [Archived] provides an overview of the key Brexit risk management considerations for contracts
PRACTICE NOTES
STOP PRESS: With effect from 1 January 2027, section 25 of the Employment Rights Act 2025 (ERA 2025) amends the qualifying period for ordinary unfair dismissal set out in section 108 of the Employment Rights Act 1996 (ERA 1996) from two years to six months, and removes the cap on the compensatory award in ERA 1996, s 124. Transitional provisions are set out in the Employment Rights Act 2025 (Commencement No 4 and Transitional and Saving Provisions) Regulations 2026, SI 2026/559. For information on the implications of the reduction in the unfair dismissal qualifying period for probationary periods, see Practice Note: Probationary periods. This Practice Note will be reviewed shortly. This Practice Note explores the issues to consider when acting for an employee entering into a contract of employment and/or reviewing the draft employment contract. The contract will, almost invariably, have been prepared by the employer and so the drafting will be pro-employer. If the draft is based on the employer's 'standard' terms for employees at the same level,
Q&As
This Q&A explains the origins of the Model Services Contract and explores its purpose, use and latest developments. What is the background to the Model Services Contract? In April 2014 the Model Services Contract (MSC) replaced the Office of Government Commerce (OGC) Model ICT Contract version 2.3 (which was published by the OGC on 1 October 2009). The government stated its aim was to ‘aid delivery assurance and reduce administration, legal costs and negotiation time' and that it was ‘suitable for use with the range of business services that Government purchases and in particular contains applicable provisions for contracts for Business Process Outsourcing (BPO) and/or IT delivery services'. Details of subsequent updates are set out on the Cabinet Office MSC website. How is it used? As set out in its guidance documentation, the MSC is intended to be used by
CHECKLISTS
This Checklist highlights the key clauses and elements of a draft construction contract which need to be considered at the outset of a project when reviewing the draft building contract and associated documents on behalf of a contractor. This Checklist is not an exhaustive list of all the questions/issues that may need to be addressed, but it will help the reviewer to focus on the main issues and get a good impression of the key risks, areas to draw to the contractor’s attention and provisions which are likely to require negotiation. Some of the questions/issues that need to be considered will depend on the size, nature and complexity of the project. General questions to discuss with contractor before reviewing the contract to enable reviewer to understand the contract in context • Does the contractor have an existing relationship with the client? • Is the contractor a single entity or part of a joint venture? • What, if any, contracts has the contractor entered into with the client before (on other projects)? • What are the works to be
Q&As
There are varying degrees of imperfect contract, ie void, voidable and unenforceable. See: Imperfect contracts: Halsbury's Laws of England [207]. Void contract A mistake may arise as to the nature of the transaction, identity of the contracting parties, the quality of the subject matter or terms of the contract. For more information, see Practice Note: Mistake. A contract will be void among other things where the parties contract on the basis of a fundamental common mistake or one party contracts on mistaken terms and the other party knows of
Q&As
If a contract is a 'construction contract' under the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996), the parties to that contract will be bound by the provisions of HGCRA 1996 in relation to payment (including a right to suspend for non-payment), and will have the right to refer disputes to adjudication at any time (see Practice Notes: Introduction to the HGCRA 1996 and What is a construction contract under the HGCRA 1996?). HGCRA, s 104, defines a 'construction contract' as an agreement to: • carry out construction operations • to arrange for the carrying out of construction operations by others (whether under a sub-contract or otherwise) • to provide labour (either personally or through others) for the carrying out of construction operations Agreements
PRACTICE NOTES
The NEC Professional Service Contract (PSC) is a long form consultant appointment published as part of the NEC suite of contracts. The NEC4 suite of contracts was published in June 2017. Amendments have been published in Jan 2019, Oct 2020 and a further set issued in January 2023—the 2023 changes contain contract-wide clarifications and new optional provisions that are relevant to the PSC and should be checked against any project-specific Contract Data.. The previous form, NEC3, last published in April 2013, was previously called the Professional Services Contract (note the subtle difference). This Practice Note covers both the NEC4 and NEC3 forms of the PSC—noting any changes in approach and different clause references where appropriate. This Practice Note refers to the ‘Client’ as this is the terminology used in the NEC4 suite; in the NEC3 suite the term ‘Employer’ was used. The PSC takes a somewhat different approach to other published forms of consultant appointment as it contains provisions which are akin to an engagement of a contractor, including detailed provisions in relation to programming and optional
PRECEDENTS
This Precedent Contract audit meeting with director/head of function—agenda will enable you to ensure all the important topics you need to discuss with each of the organisation’s directors/heads of functions are covered. It is designed to enable you to capture as much information as possible to assist you to: • understand all the different procurement processes used in your organisation • understand the ways in which contracts are managed across your organisation • understand how the legal department can best support your organisation’s contract management processes, and • enable the legal department to create an effective