This Practice Note looks at the FIDIC Conditions of Contract for EPC/Turnkey Projects 1999, commonly known as the FIDIC Silver Book 1999. FIDIC published a new edition of the Silver Book in December 2017 with amendments in 2022—see Practice Note: FIDIC contracts—introduction to the FIDIC Silver Book 2017, reprinted in 2022 with amendments for guidance on the 2017 edition. In relation to the 1999 suite, see also Practice Notes: FIDIC contracts—introduction to the Red Book 1999, FIDIC contracts—introduction to the Yellow Book 1999 and FIDIC contracts (pre-2017 editions)—Yellow and Silver Books compared. For what type of project is the contract suitable? The FIDIC Silver Book 1999 is recommended for the provision of a process or power plant on a turnkey basis, and may also be used where 'one entity takes total responsibility for the design and execution of a privately financed infrastructure project' which involves little or no work underground. Under the usual arrangements for this type of contract, the Contractor carries out all the engineering, procurement

As soon as the tenancy is executed by the parties it gives the tenant a right to possession on the commencement date and all the obligations between landlord and tenant are enforceable. It does not matter that the

What contracts must be used at a sale of auction? Unlike a standard transaction (where there is no binding contract until exchange), an auction contract is binding as soon as the hammer falls following the last successful bid. The buyer must pay 10% of the agreed sale price immediately with the balance due on completion. If the property being sold is leasehold, it is usual that completion is delayed until the landlord’s consent to the assignment has been obtained. This will be dealt with in either the general or special conditions (see, for example, Condition G9 of the Common Auction Conditions (CAC)). Unlike a standard contract for sale of an interest in land, section 2 of the Law of Property (Miscellaneous Provisions) Act 1989 does not

This Practice Note considers retention and rescission in Scotland. For guidance on: • some other forms of relief in Scottish civil litigation, see Practice Notes: Interdict and interim interdict in Scottish civil litigation and Specific implement and interim specific implement in Scottish civil litigation • key aspects of Scottish civil litigation, see: Scottish DR: prescription and limitation—overview, Scottish DR: case management and evidence—overview, Scottish DR: civil appeals and judicial review—overview, Scottish DR: enforcement—overview, and Scottish DR: settlement and ADR—overview, which, in turn, link through to detailed guidance on specific aspects of dispute resolution in Scotland • other key areas of Scottish law and procedure, see our Scotland collection, and • the closest equivalent in England and Wales, see: Contractual breach damages and remedies—overview which, as well as giving an overview, links through to more detailed guidance on various aspects of remedies for breach of contract in England and Wales, including Practice Note: Rescission of a contract Note: the remedies of retention and rescission are categorised as 'self-help' remedies

The concept of 'approved English apprenticeships' was introduced with effect from 26 May 2015. Under Apprenticeships, Skills, Children and Learning Act 2009, section A1 (ASCLA 2009), an approved English apprenticeship must take place under an approved English apprenticeship agreement, meeting certain conditions. In order to be an approved English apprenticeship agreement, the agreement must: • provide for the apprentice to work for another person for reward in a sector for which a ‘standard' has been published • provide for the apprentice to receive training in order to assist him to achieve the apprenticeship standard in the work done under the agreement, and • satisfy any other conditions specified in regulations to be made by the Secretary of State The only regulations yet which specify ‘other conditions’ are the Apprenticeships (Miscellaneous Provisions) Regulations

This Agreement is made on [insert date] Parties 1 [Name of Company], a company incorporated in England with registered number [insert company number] whose registered office is at [address] (the Company); and 2 [Name of Consultancy], a company incorporated in England with registered number [insert company number] whose registered office is at [address] (the Consultancy). Background (A) [The Consultancy is in the business of [insert description] and has certain skills of use to the Company.] (B) The Company wishes to engage the Consultancy to provide [insert description] services to the Company on the terms and conditions of this Agreement. (C) The Consultancy is an independent contractor willing to provide [insert description] services to the Company on the terms and conditions of this Agreement. FORTHCOMING CHANGE: When BSAIA 2025, s 48 is brought into full force on 1 October 2026, it will insert section 14A into IANA 2006. Section 14A establishes that references to ‘employing another person’ in IANA 2006, ss 15–24 include engagement under a worker’s contract or of individual sub-contractors (where an individual contracts to provide work or services that the engaging person has itself contracted

Termination occurs every time a contract comes to an end. As well as dismissal, termination includes: • expiry (without renewal) of a fixed term or limited term • resignation • by mutual agreement • by operation of law See Precedent: Clauses—termination [Archived]. Expiry Employment law makes no distinction between temporary and permanent employment. Contracts are either terminable by notice or they continue for a specified period (fixed-term contracts) or until a specified event (limited term contracts) (see Practice Note: Fixed-term employees). Failure to renew a fixed-term or limited-term contract when it ends is not a dismissal at common law but is a dismissal for the purpose of the unfair dismissal legislation, so the employer will have to show that there was a fair reason for the decision not to renew the contract. Resignation Resignation is when an employee decides to terminate their own contract—usually (but not necessarily) by giving the requisite contractual or statutory minimum notice. For unfair dismissal and other statutory purposes, a resignation is only treated as a dismissal: • when

Exchange of contracts during the process of buying a house is when the parties exchange signed contracts, and the buyer pays the deposit. Once this has taken place, the agreement becomes legally binding and major penalties apply if either party backs out. As such, exchange of contracts is a very important part of the process as this is when both parties are bound. Given exchange constitutes a binding agreement, this remains valid if the buyer dies, and the benefit and burden will pass to the buyer’s Personal Representatives. As such, the seller would be entitled to insist that the personal representatives

The statutory protection against deductions under the Employment Rights Act 1996 (ERA 1996), s 13 can apply only to any deductions from 'wages'. For these purposes, ‘wages’ are defined as any sums payable to the worker in connection with his employment: • including those listed in section 27(1), ERA 1996 • excluding those listed in section 27(2), ERA 1996 Subsection 27(2)(d) ERA 1996 specifically excludes 'any payment referable to the worker's redundancy' from the definition of ‘wages’ for these purposes. It follows that the statutory protection against deductions under ERA 1996, s 13 does not

The Scottish Building Contracts Committee (SBCC) has published its 2024 Minor Works suite, marking the first full suite in the SBCC 2024 series to be published. Derived from the JCT 2024 editions, the suite has been adapted for compliance with Scottish law and practice. The key themes underpinning the 2024 Minor Works suite include modernisation and streamlining, future-proofing measures, and the incorporation of legislative changes affecting Scotland.

Dear [insert name of Party B or its representative] [insert name and date of agreement] [Our client: [insert client name] OR [Insert name Party A]] [Your client: [insert client name] OR [Insert name Party B]] 1 [ [As you are aware, we OR We] act for [insert client name] ([insert short name Party A]).] 2 [We are writing with formal confirmation of the information conveyed to you in the [letter OR e-mail OR telephone call] of [insert date] from [insert sender] to [insert recipient].] 3 [Our client OR

Section 9P(1) of the Local Government Act 2000 (LGA 2000) requires a local authority to prepare and keep up to date a constitution, which must contain a copy of the authority’s standing orders and a copy of the authority’s code of conduct (LGA 2000, s 37 in relation to Welsh local authorities). The constitution must also contain such information as the Secretary of State may direct and any other information which the authority considers appropriate. Pursuant to LGA 2000, s 9P(2), a committee system local authority must also ensure that its constitution contains a statement as to whether the authority has resolved to have an overview and scrutiny committee. See Statutory Guidance: Statutory Guidance on Overview and Scrutiny in Local and Combined Authorities. Section 135(2) of the Local