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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 D&B See Design and build below. DBO See Design, build and operate below. Date for completion/completion date The date set out in the building contract (usually in the contract particulars/contract data) for the completion of the works by the contractor—ie when the works are required to achieve practical completion by (see Practice Note: What is practical completion?). The date for completion might be adjusted during the project, for example if the contractor is awarded an extension of time. If the works are not completed by the date for completion, the contractor will be liable to the employer for liquidated damages (if these are specified in the contract) or otherwise general damages for late completion (for breach of contract). Date for possession The date, in the building contract, when the contractor is granted possession of the site by the employer so that it can commence construction of the works. Daywork rates Rates
PRACTICE NOTES
ARCHIVED: This Practice Note was archived and is not maintained. This Practice Note describes the main principles of marine insurance as governed by the Marine Insurance Act 1906 (MIA 1906). It looks at the principles of indemnity under marine insurance, the concept of a marine adventure, mixed land and sea risks and maritime perils. The Practice Note also examines insurable interests, the principal risks insured, marine insurance policies, marine insurance brokers and rights of subrogation under a marine insurance policy. For more detailed guidance on types of marine insurance, see: Marine insurance—overview and Practice Notes: Marine insurance—essentials, Marine cargo insurance, Hull and machinery insurance, Protection and indemnity insurance and Marine war risks. What is marine insurance? Marine insurance is defined in MIA 1906 as a contract ‘whereby the insurer undertakes to indemnify the assured, in manner and to the extent thereby agreed, against marine losses, that is to say, the losses incident to marine adventure’. The objective of MIA 1906 was to codify the then state of the common law in relation to marine insurance.
FLOWCHARTS
This Flowchart maps out a process for evaluating portability requests that your organisation receives under the UK GDPR. It reflects the requirements in the UK GDPR and the Data Protection Act 2018 (DPA 2018). It should be read in conjunction with Practice Note: How to handle data subject requests and Handling data subject requests—flowchart, which covers requirements common to all data subject requests under the UK GDPR. Data subjects can make a request to an organisation to exercise their right to data portability at any time. This is not, however, an absolute right to transfer data—it only applies where: • the data subject has provided personal data to you • the processing is based on consent or performance of a contract, and • the processing is carried out by automated means See Practice Notes: Rights of data subjects—Right to data portability and Data portability. You must respond to the data subject without undue delay and, in any event, within one month of the latest of: • receiving the request • receiving any identity information
CHECKLISTS
Preparatory steps • Outline the complaints/proceedings that are currently active that need to be compromised, eg Workplace Relations Commission (WRC) complaints, civil claim, Data Protection Commission (DPC) complaint etc. • Take note of any processes already invoked, ie grievance/disciplinary process, subject access request, protected disclosures made. • Obtain a copy of employee’s latest contract of employment, any amendments or correspondence which form part of the contract and any company handbook that may be deemed to be part of the contract. Confirm with the employer this reflects the current position. • Confirm details of the continuous service of the employee (start date of employment and dates of any amendments to the contract made during the employment). • Obtain information regarding the employee’s pension: ◦ is it a defined benefit or defined contribution, and ◦ are all of the employer pension contributions paid up to date? • Consider the basis on which the settlement is being paid, ie is it in settlement of a WRC claim, a redundancy payment,
Q&As
The relevant provisions are set out separately in the Working Time Regulations 1998 (WTR 1998), SI 1998/1833 and the Employment Rights Act 1996 (ERA 1996). The first question is whether a particular agency worker has rights under WTR 1998 as: • a ‘worker’ as defined in WTR 1998, reg 2(1), or • an agency worker brought within the scope of WTR 1998 by WTR 1998, reg 36(1) Under WTR 1998, a worker is someone who has entered into or works (or worked) under: • a contract of employment, or • any other contract (which may be express or implied and, if it is express, may be oral or in writing) under which the individual undertakes to do or perform personally any work or services for another party to the contract whose status is not by virtue of the contract that of a client or customer of the individual’s profession or business undertaking This means that, in order
PRECEDENTS
Option 1—self-proving execution by a corporate member signing on behalf of a limited liability partnership in the presence of a witness Subscribed for and on behalf of [insert name of LLP] by ________________________ [Director OR Secretary
PRECEDENTS
Option 1—self-proving execution by one corporate director or secretary in the presence of a witness Subscribed for and on behalf of [Name of Company] by ________________________ [Director OR Secretary OR Authorised Signatory] for and on behalf of [insert name of corporate director or secretary], as [Director OR Secretary] (Signature) ________________________ Full
PRECEDENTS
Subscribed for and on behalf of [insert name of limited partnership] by ________________________ [Director
NEWS
The Joint Contracts Tribunal (JCT) has announced that the 2024 edition of its Measured Term Contract (MTC) will be released on 13 November 2024.
CHECKLISTS
Dispute boards are now a central feature of international construction contracts. Where properly used, they provide a rapid and effective mechanism for resolving disputes on an interim, binding basis, preserving cash flow and maintaining project momentum. However, dispute board regimes operate within a tightly structured contractual framework. Their effectiveness depends less on the merits of the underlying dispute and more on a coherent strategy throughout the project, from contract drafting through to enforcement, strict compliance with procedural requirements and careful framing of disputes. This checklist is designed for practitioners who are familiar with dispute board mechanisms and provides a practical, end-to-end guide for advising on contracts which provide for dispute boards issuing binding decisions. It follows the lifecycle of a dispute board process, identifying key risks, pressure points and strategic considerations at each stage. It focuses on the issues most likely to affect jurisdiction, validity and enforceability of dispute board decisions and recovery of payments awarded. Particular emphasis is placed on avoiding common pitfalls, including defective notices, premature referrals, expiry of time limits, jurisdictional overreach, and misalignment
PRACTICE NOTES
This Practice Note considers the key issues and risks which commonly arise on a major build project for an education provider, covering higher education, further education, academies and independent schools. See also Practice Note: Building Schools for the Future/Priority School Building Programme [Archived]. Typical procurement routes While any normal procurement route is feasible on an education project, three factors are commonly the driving force behind the typical procurement routes taken by education clients in respect of their construction projects: Nature of client Education clients by their very nature infrequently procure major capital projects. It is not their core business and, save for large university estate teams, they rarely have the in-house skills to successfully procure major works. They would be classified as inexperienced construction clients. Funding Funding is frequently capped and time limited. This means that works will usually be procured on the basis of a fixed price contract at largely higher cost that gives the degree of certainty control that both funders (be it public or private investment) and governors
NEWS
The Department of Health and Social Care (DHSC) has entered into an agreement with the British Medical Association (BMA) on significant reforms to General Practitioner (GP) contracts. From October 2025, GP practices must provide online appointment booking throughout working hours, while nearly half of existing reporting requirements will be eliminated. The reforms are supported by an £889m funding increase, representing a 7.2% boost to the GP contract, bringing total contract value to £13.2bn in 2025 to 2026.