We assume that this Q&A is referring to a charge that has not been signed by either party. We have also assumed that the charge is registered against a company. Formation of contract A legally binding contract must, among other things, comprise both an offer and acceptance. Practice Note: Forming enforceable contracts—offer analyses the requirements for a legally binding offer, and considers what we mean by 'offer', how to distinguish an offer from an ‘invitation to treat’, with relevant common examples, different species of offer, ie offers which are 'subject to contract', heads of terms and unilateral contracts, and how offers can be terminated. Practice Note: Forming enforceable contracts—acceptance also analyses the requirement of acceptance in the context of forming enforceable contracts, including what we mean by 'acceptance', the different methods of accepting an offer (including prescribed methods of acceptance

Agreement for [insert full agreement title as per the front page of the contract document, eg 'Agreement for the supply of services'] (the Agreement) SECTION 1: CONTRACT DETAILS—Commercial lead to complete [Insert a key explaining what is meant by each of these priority levels in your business, eg (if your company is supplier) 'High = business critical, will lose deal or result in significant customer dissatisfaction if not completed by deadline'] PriorityDeadline/critical dates: [Insert relevant date(s)]Priority level and, if 'High', specify reason:Routine □Medium □High □____________________________ (1) Parties [Insert full company name of your company] ('[insert capacity of your company, eg 'Supplier' or 'Customer']')[The correct contracting party can be confirmed with [insert relevant contact, ie Legal Department/Company Secretary]] Order ID/Contract reference: [Insert details]Account manager: [Insert details]Telephone: [Insert details]Mobile: [Insert details]Email: [Insert details]Responsible Business Unit: [Insert details]Responsible Business Owner: [Insert details, eg Procurement Director or Head of IT Services] [Insert full company name of other party] '[insert capacity of your company, eg 'Supplier' or 'Customer'][Registered office address and company number can be obtained from a Companies House search]  Company number: [Insert details]Registered office

This Checklist is intended to help a purchaser’s solicitor carry out an initial review of the first draft of a contract for the purchase of commercial property issued by the vendor by identifying headline points to check. Sometimes the vendor’s solicitor will have drafted the contract without a full appreciation of all the issues that will need to be dealt with and so it is important for the purchaser to be alive to anything missing at the outset and flag any likely issues or contract requirements as early as possible (even if only as a placeholder within the contract pending instructions or further information). Identification of vendor and purchaser The heads of terms may not define the parties accurately: • Companies Registration Office—assuming the vendor is a company, the purchaser’s solicitor should check the Companies Registration Office that the correct party and company number is mentioned in the heads of terms and that it matches the details shown in the title documents • if the vendor is an overseas company, partnership

In answering this Q&A, we have limited our research to cover the granting of a general power of attorney under Powers of Attorney Act 1971 (PAA 1971) and not lasting or enduring powers of attorney. We assume you are referring to the requirements for execution of the contract document in which the power of attorney is granted. The

headed notepaper of seller/assignor To: [Insert name and address of contractual counterparty] [insert date] Dear [insert contact name/title at contractual counterparty], Notice of assignment of contract We refer to the agreement dated [insert date] between [insert name of seller/assignor] and [insert name of contractual counterparty] relating to [insert details of contract] (the Contract)[ and to our request for your consent to the assignment of the Contract dated [insert date]]. We hereby give

General This Precedent and its accompanying drafting notes are for use where your client is seeking to bring a basic claim for breach of contract. The hypothetical factual scenario used is simply for illustrative purposes and practitioners should adapt the text to reflect their instructions. This letter of claim does not operate to stop time for the purposes of preventing the defendant from relying on a limitation defence. The usual limitation period for bringing a contractual claim is six years from the date of the breach of contract. [ON THE HEADED NOTEPAPER OF THE CLAIMANT’S SOLICITORS] Addressee of the letter of claim It is important to make sure that the letter reaches the recipient. You should therefore address the letter so that it has the best chance of reaching the prospective defendant. Where the other party to the contract is a company, the letter should be addressed to a specific person where possible (usually a director or senior employee). The letter should be sent to the company’s registered address. However, if you know that the person you are writing

Payment process in the NEC3 Engineering and Construction Contract

This Practice Note is a ‘how to’ guide on collating all the necessary parts of a construction contract ready for execution. Compiling the full set of documents which make up a construction contract is sometimes overlooked in the rush to start the works. Sometimes work is even allowed to commence before the contract negotiations are fully concluded or the contract executed, for which you would generally use a letter of intent (see Practice Note: Letters of intent—construction). This is generally inadvisable, and it is vitally important to finalise the contract and ensure that a full set of documents is compiled and available to each party throughout the works, to facilitate efficient contract management and administration and ensure that issues and potential disputes can be managed effectively and smoothly. General considerations Construction contracts are often voluminous, comprising various technical and commercial schedules as well as a lengthy main body of conditions and contract particulars. The documents which are required to create the construction contract will be influenced by a number of factors including:

FORTHCOMING CHANGES: At Budget 2025, the government announced that it will legislate in Finance Bill 2026 (also known as Finance (No 2) Bill 2024–26) for the introduction of new powers for HMRC to tackle fraud by businesses operating within the CIS. Modelled on the VAT measures that restrict input tax recovery where the supplier knew or should have known that the supply was connected to the fraudulent evasion of VAT, the new CIS measures will: • provide for the immediate cancellation of a business’ gross payment status • make a business liable for lost tax, and • allow a penalty of 30% of the lost tax to be imposed on the business, its directors, and other connected persons where it can be shown that the business knew or should have known that it entered into a transaction connected with the fraudulent evasion of tax. Further, the waiting period to reapply for gross payment status that has been immediately removed will be increased from one year to five years. The government has

Although imprisonment in England and Wales leads to the temporary loss of certain rights (most obviously the loss of liberty for the term of the imprisonment, but also, for example, the right to vote), prisoners do not lose the right or the capacity to enter into contracts. Practical issues can arise as to how the individual is able to enter into the contract, which can amount to restrictions, but which are able to be overcome. For example, where a specific method of entering into a contract is required (such as by using an electronic form, or by obtaining a wet signature) this may not be immediately possible if access to

The Agreement, Recitals, Articles and Contract Particulars at the start of a JCT contract set out the project specific details for the particular works to be carried out. It is very important that these are fully completed and that the details are correct to avoid ambiguity and disputes regarding what is required. This Checklist provides practical guidance as to how to complete the details including links to relevant Practice Notes which provide detailed information on the areas covered. It is aimed at those who are relatively new to dealing with JCT contracts. An employer will often arrange for the architect/contract administrator or other consultant to complete the particulars at the start of the contract and will then ask its lawyer to check the contract before the parties execute it. Alternatively, a lawyer may be asked to fill in all of the details but they will need input from the client or its consultants as to the details to be inserted. This Checklist can be used as a reference where completing or checking

This Practice Note considers issues regarding an agent’s authority to contract on behalf of its principal and the related issue of which party to sue or which party can be sued where there is an agency scenario. For general guidance on the creation of an agency, see Practice Note: Nature and types of agency. Who is liable? Agent or principal—general position In Re Lendy, the judge summarised that with regard to agent and/or principal liability where an agent acts for their principal: • the general position is that the contract is that of the principal and only the principal can sue or be sued, but that this general position may be displaced if, having regard to the nature and terms of the contract and the surrounding circumstances, the intention of the parties is different • if the agent signs a contract as agent, they are deemed not to have contracted personally unless it is plain from other terms of the contract that the agent is to be bound by it, in which event, the agent