Unless the employer has first obtained the worker's agreement in writing to opt out of their rights, the worker has the right to work no more than an average 48-hour working week. In order to be valid, an opt-out agreement must: • be in writing • be made with each individual worker that it applies to separately • state that it is disapplying the 48-hour maximum working week rather than simply specifying a number of hours of work The worker must be able to terminate the opt-out agreement by giving written notice. If the opt-out does not include a specific notice period, then

Whether a forward funding agreement is exempt from the requirements of HGCRA 1996 will depend on the precise terms of the relevant agreement. By way of background, HGCRA 1996, as amended by the Part 8 of the Local Democracy, Economic Development and Construction Act 2009 (LDEDCA 2009) sets out mandatory requirements for 'construction contracts' relating to adjudication and payment. 'Construction contracts' is defined widely under in LDEDCA 2009 and covers contracts for the carrying out of construction

This Q&A assumes that the question relates to a commercial, business-to-business agreement which makes no reference to interest on late payments or to the refund of payments. With some exceptions, the Late Payment of Commercial Debts (Interest) Act 1998 (LPCD(I)A 1998) applies to contracts for the supply of goods or services where the purchaser and the supplier are each acting in the course of business. A term is implied into contracts which fall under LPCD(I)A 1998 that any qualifying debt shall carry simple interest (LPCD(I)A 1998, s 1). Generally speaking, again, with some exceptions, 'purchaser' means, the buyer in a contract of sale or the person who contracts with the supplier in any other

A contract of guarantee is an accessory contract by which the promisor (i.e., the guarantor or surety) undertakes to accept liability on behalf of the promissee (i.e., creditor) for the debt, default or miscarriage of another person, whose primary liability to the promisee must exist or be contemplated.

A full CLM system covers: • requesting, drafting, negotiating and approving the contract, ie tracking where the contract has got to in the process, ensuring it is reviewed by the right people, tracing changes, etc • storage and organisation, ie filing and searching the contract • tracking and reporting on compliance, milestones and any other important parameters • monitoring performance • provision of storage and access security regarding the sensitive information contained in the contracts

CPR CPR 36.2 states: ‘Nothing in this Section prevents a party making an offer to settle in whatever way that party chooses, but if the offer is not made in accordance with rule 36.5, it will not have the consequences specified in this Section.’ CPR 36.5 sets out the form and content of a Part 36 offer, but does not limit the type of offer that can be made. So, for example, a Part 36 offer need not be limited to an offer to pay or accept a sum of money. For further guidance, see Practice Note: Part 36 offers—how to make a valid Part 36 offer and Q&A: Can a Part 36 offer include a non-monetary term? Case law Law of contract—contract

A loan contract is an agreement whereby the lender agrees to pay money to the borrower or to his designate, on terms that the borrower will repay the money with interest.

ARCHIVED: This Practice Note has been archived 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. Public procurement remedies—pre-PA 2023 The remedies available to aggrieved bidders where a breach of the public procurement regulations or other enforceable obligations in the public procurement field is concerned are set out in the Public Contracts

'MF/3' is one of the suite of Model Forms published on behalf of the Institution of Engineering and Technology (IET) and the Institution of Mechanical Engineers. It is for use in connection with home (ie UK, not overseas) contracts for the supply only of electrical and mechanical goods, without erection (its full title is MF/3 (rev 1) Model Forms of General Conditions of Contract for the Supply of Electrical and Mechanical Goods (Home without Erection)). The main conditions have not been updated since 2001. As MF/3 is a supply only contract for goods, it is unlikely to be a 'construction contract' under the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996). The conditions of MF/3 does therefore not reflect the statutory requirements in relation to payment terms, nor does it provide for the adjudication of disputes. Comparison to MF/1 MF/1 is the related design and build contract. See Practice Note: MF/1 Rev 6 (2014) for more on the differences between engineering and construction standard forms. The main differences between MF/1 and MF/3 are that, under MF/3:

Before you engage in outsourcing activities, you will have to navigate a complex compliance obstacle course dictated by: • SRA requirements • data protection requirements • other legislation, eg Equality Act 2010 • general risk management best practice We have attempted to simplify this in our Outsourcing compliance lifecycle diagram. This Practice Note provides high-level guidance on the four key compliance phases, which are further divided into 12 practical stages to correspond with our Outsourcing compliance lifecycle diagram: • pre-contract (stages 1–6) • negotiating and executing the contract (stages 7–9) • post-contract record keeping (stage 10) • post-contract quality checking and auditing (stages 11–12) Regulatory requirements For guidance on regulatory requirements that are specific to the legal sector, see Practice Note: Outsourcing and offshoring—law firms. For guidance on data protection requirements, see Practice Note: Outsourcing and data protection. For guidance on general risk management best practice, see Practice Notes: • Due diligence in outsourcing • Limitation of liability in outsourcing • Outsourcing remedies—step-in rights, service credits, liquidated damages and termination Pre-contract compliance

apprenticeship agreement dated [insert date] Parties 1 [Name of Employer] [of [insert address] OR a company incorporated in [England and Wales] (registered number [insert number]) whose registered office is at [insert address]] (we or us); and 2 [Name of APPRENTICE] of [insert address] (you). 1 Appointment 1.1 This agreement is an apprenticeship agreement within the meaning of the Apprenticeships, Skills, Children and Learning Act 2009, s 32 and is entered into in connection with the Framework. It is a contract of employment and is not to be treated as being a contract of apprenticeship. 1.2 We will employ you as an apprentice on the terms and conditions set out in this agreement. 1.3  Your employment (and your continuous employment) with us under this agreement [started on OR will start on] [insert date] and, subject to the terms of this agreement, is for a fixed term of [insert period] continuing until [insert date][ or until the date on which an apprenticeship certificate is issued to you in accordance with the Framework, if earlier,] [ or until determined by either you or us giving no less than [insert number]

Where the identity of the contracting parties is disputed, the court will disregard the parties’ subjective beliefs and consider what a reasonable person would conclude. The question of who were the parties to a contract is to be determined by an objective test: it turns on what a reasonable person would conclude, if furnished with the relevant information and disregarding the parties’ private thoughts. Where the issue is whether a person signing a document did so as agent for a company