Refine By
Clear all filter
About 7129 results for "contract"
PRACTICE NOTES
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z ICC This can refer to the Infrastructure Conditions of Contract (see below) or the International Chamber of Commerce (see below). ICE See Institution of Civil Engineers below. ICT contract In PFI/PPP projects which have a complex Information Communications Technology (ICT) component (such as a school), there will be a separate ICT contract between the Project Co and an ICT contractor for the delivery of ICT services and/or infrastructure. See Practice Note: Key documents in a PFI/PF2 project. IFC See Issued for construction below. Implied term A term which is imported into a contract, in addition to those expressly agreed by the parties. There are three broad categories of implied terms—those implied by statute, by common law and by fact. See Practice Note: Implied terms in construction contracts. Incoterms An abbreviation of 'International Commercial Terms'—a set of globally recognised terms and conditions used in international, and sometimes domestic, contracts for the sale and purchase of goods.
PRACTICE NOTES
This Practice Note provides an overview of construction and engineering projects in the UK defence sector. It outlines the Ministry of Defence (MOD)’s spending and procurement policies, applicable public procurement rules, the Defence Reform Act 2014 (DRA 2014) and Single Source Contract Regulations 2014 (SSCR 2014), and the use of standard form construction contracts. The core principles of the DRA 2014 and SSCR 2014 are central to MOD procurement, but the landscape is evolving. The Procurement Act 2023 (PA 2023), updated NEC4 frameworks, and strengthened sustainability and SME targets reflect a continued emphasis on transparency, value for money, and innovation across the defence estate. A major restructuring of UK defence began in 2025 with the Strategic Defence Review and Defence Reform programme. This Practice Note reflects policy and legislative changes as of October 2025, including developments under the PA 2023, the MOD SME Action Plan 2022–2025, and updates to the NEC4 contracts (2023 edition). Spending policy Defence is organised into six ‘Top Level Budgets’ (TLBs): • Head Office and Corporate Services
PRACTICE NOTES
In certain sections in this Practice Note, English decisions are cited as authority for certain propositions and principles of law. In these circumstances, while there are no Irish decisions expressly accepting these principles into Irish law, the relevant English decisions can be taken as having persuasive authority in Ireland. ‘Representation’ and ‘warranty’ have specific meanings and are distinct from other common terminology used in commercial contracts (such as conditions, indemnities and undertakings), which are not covered in this Practice Note. For more information on such terminology, see Practice Notes: • Ireland—Contracts—formation and interpretation • Ireland—How to review an indemnity clause What are representations and warranties and why does the distinction matter? Representations and warranties are commonly included in a wide variety of commercial agreements including those for: • share and asset purchase • supply of goods and services, and • IT and IP licensing They are an important tool in managing the risk of parties but there are significant differences between them and advisers should understand the differences, why they
PRACTICE NOTES
This Practice Note is a ‘how to’ guide on reviewing an indemnity clause in commercial business-to-business (B2B) agreements which signposts relevant content. It considers pro-party positions and includes links to potentially relevant issues, including what is an indemnity clause, preliminary considerations, key elements of the clause (including parties, scope and language, definition of ‘losses’, conduct of claims, duty to mitigate), other clauses to consider (including exclusion and limitation of liability and boilerplate) and practical considerations. Indemnities are an important tool for managing risk in commercial contracts. They are often fiercely negotiated and are frequently the subject of judicial scrutiny. An indemnity clause should not be considered in isolation. It should be viewed as part of a suite of potential remedies, with a clear understanding of the distinctions between them and how they may interact. This ‘How to Guide’ is a very high-level introduction to the review of indemnity clauses and may be suitable for trainee solicitors or junior lawyers or helpful for more experienced lawyers as an aide memoire when checking clauses. It
NEWS
Construction analysis: The Technology and Construction Court (TCC) rejected an argument that a claim under National House-Building (NHBC) ‘Buildmark Choice’ policies was time-barred. The dispute concerned a claim under the policies for the additional costs of completing a housing project, resulting from a contractor’s insolvency. The NHBC contended that the claimant’s cause of action under the policy had accrued as soon as the contractor became insolvent, meaning that the claimant had failed to raise its claim within the applicable six-year limitation period. However, the court dismissed this argument on the basis that the insured risk was not the contractor’s insolvency itself, but the incurrence of the additional costs caused by the insolvency.
NEWS
Construction analysis: The Technology and Construction Court (TCC) struck out the first claimant’s claim against the defendant employer’s agent. The first claimant was the purported assignee of the second claimant’s rights against the defendant. However, the court found that the first claimant had no standing in the action, either as an assignee or a trustee.
Q&As
The arrangements between a capacitous individual and their care provider are usually subject to written contract which will determine the basis for occupation usually by tenancy agreement or licence. Termination of these arrangements is also usually governed by the contract and will specify the basis on which the occupation can be ended by either side. See Practice Note: Nursing and residential care contracts. If the relevant contractual termination provisions have been invoked and the individual refuses to leave the property, the nursing home may need to consider
Q&As
As explained in the government’s original Handbook on the Concession Contracts Regulations 2016 (CCR 2016), SI 2016/273, the CCR 2016 regime differs to the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102 regime in a number of areas. In particular, unlike public contracts awarded under PCR 2015, concession contracts are not awarded using the most economically advantageous tender (MEAT) criteria: ‘award stage—the award of contract must be based on objective criteria that identify an overall economic advantage for the contracting authority or utility. This can include social, environmental and innovative requirements provided they relate to the subject matter of the contract’. Key provisions
Q&As
Should I agree to take on joint liability under a contract? The not so helpful answer to that question is: it depends. It depends upon the type of contract you are entering, the bargaining positions of the parties involved and your relationship with the person you are contemplating taking joint liability with. If express words are not used in a situation where two or more people contract to perform the same obligation there is a presumption that they do so jointly. This presumption can be rebutted with express words of severance (White v Tyndall [1886-90] All ER Rep Ext 1527). In order to decide whether an obligation should be jointly undertaken it is helpful to remind ourselves of the effect of joint liability, several liability and joint and several liability under a contract. What is the effect of joint liability? Joint liability under a contract arises where two or more persons jointly promise to do the same thing in favour of another
PRACTICE NOTES
This Practice Note explains that an employee may claim a statutory redundancy payment without being dismissed in certain circumstances where the employer suspends the contract (a lay-off) or asks the employee to work shorter hours for less pay (time lost or short-time). It notes the overlap with the right to a guarantee payment. It covers the minimum period of lay-off or short-time before a claim can be made, the requirement for the employee to give the employer written notice of their intention to claim and terminate the contract, the circumstances in which an employer can resist an employee’s claim by serving a counter-notice and how claims for redundancy payments in lay-off and short-time situations are dealt with by the employment tribunal. An employee may claim a statutory redundancy payment without being dismissed in one of two situations: • where the employee is ‘laid-off’ by the employer, ie when the employer temporarily shuts down its operation because it cannot find any or enough work for the employees • where an employee is put on short-time working,
NEWS
Dispute Resolution analysis: The Court of Appeal considered appeals from a series of personal injury cases brought in England against a Spanish insurer. Damages had been assessed by English lower courts applying Spanish law pursuant to the provision of Rome II. The appeals concerned whether interest, payable at very high rates applied by the Spanish Insurance Contract Act (Act 50/1980), should be ordered to be paid to the claimants as part of their damages. Lower English courts had divergent reasonings, relating to the difference between matters of procedural law and those of substantive law (the law applicable to non-contractual obligations) for the purposes of private international law and for the interpretation of Articles 1 and 15 of Rome II. Angharad Parry, Barrister at Twenty Essex considers the judgment and its implications .
Q&As
This Q&A covers cancellation rights under Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (CCR 2013), SI 2013/3134 and not under the Consumer Rights Act 2015 and we assume you are referring to a business to consumer contract. The CCR 2013, which came into force on 13 June 2014, regulate most