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PRECEDENTS
Schedule of amendments to the jct intermediate building contract with contractor’s design 2024 The Contract comprises the completed Intermediate Building Contract with contractor’s design 2024 published by the JCT subject to the following amendments: RECITALS Seventh Recital Seventh Recital Delete the first sentence and replace with the following:‘The Contractor has inspected the Site and satisfied himself as to its dimensions, location and other relevant matters, has examined the Employer’s Requirements and is satisfied that the Contractor’s Proposals will meet the Employer’s Requirements, and has agreed to accept responsibility for the entire design contained in the Employer’s Requirements and the Contractor’s Proposals.’ Ninth Recital Ninth Recital Delete and replace with:‘The Contractor has supplied the Architect/Contract Administrator with a master programme and a Schedule of Information Requirements.’ ARTICLES Articles 6 and 7 [See drafting note] Article 9 Article 9 Arbitration Delete Article 9 and insert ‘All references to arbitration in this Contract are deleted’. Article 11 Insert new Article 11 as follows: Article 11 [To be added on the face of the contract] ‘Schedule of Amendments The Employer and the Contractor agree that the modifications in the Schedule
Q&As
This Q&A refers to a general partnership to which Partnership Act 1890 (PA 1890) applies (not an LLP) and a simple agreement (not a deed). In the context of contract law, 'authority' is the power an agent has to affect the legal relations of its principal. Where such authority exists, the agent will have the power to bind the principal to contract. Where such authority is absent, or the relevant act is outside the scope of the relevant authority, the contract will not be binding upon the principal. See Practice Note: Forming enforceable contracts—agent's authority to contract. As a general partnership is not a separate legal entity a partnership cannot of itself make contracts. Any contract with a partnership is with the partners
PRECEDENTS
1 Definitions Modern Slavery Policy • means the Employer's anti-slavery and human trafficking policy as set out in Schedule [insert] as updated by the Employer and notified to the Contractor from time to time; 2 Modern slavery 2.1 The Contractor undertakes, warrants and represents that: 2.1.1 neither the Contractor nor any of its officers, employees, agents or sub-contractors: (a) has committed an offence under the Modern Slavery Act 2015 (an MSA Offence); or (b) has been notified that it is subject to an investigation relating to an alleged MSA Offence or prosecution under the Modern Slavery Act 2015; or (c) is aware of any circumstances within its supply chain that could give rise to an investigation relating to an alleged MSA Offence or prosecution under the Modern Slavery Act 2015; 2.1.2 it shall comply with the Modern Slavery Act 2015 and the Modern Slavery Policy; 2.1.3 [its responses to the Employer's modern slavery and human trafficking due diligence questionnaire are complete and accurate; and] 2.1.4 it shall notify the Employer immediately in writing if it becomes aware or has reason to believe that it, or any of its officers, employees, agents or sub-contractors have
PRECEDENTS
1 Introduction 1.1 This policy sets out the Company’s policy in relation to sabbaticals, which usually last between [insert number, eg two] and [insert number, eg six] months. During a sabbatical, your employment will continue but your right to salary and[ certain] other benefits will be suspended.[ If you wish instead to take a longer career break, see the Company’s career breaks policy, which is available from the [HR department].] 1.2 This policy applies only to employees. It does not apply to agency workers, consultants[, contractors], volunteers[, interns] or casual workers. 1.3 [This policy has been [agreed OR implemented following consultation] with [[enter name of relevant trade union(s)] OR [enter name of works council] OR [enter name of staff association]].] 1.4 This policy does not form part of any contract of employment and the Company may amend it at any time. 1.5 Sabbaticals are granted at the absolute discretion of the Company, and the Company’s decision is final. 1.6 [You may wish to request a sabbatical for a variety of reasons, including: OR The circumstances in which the Company may consider a sabbatical are:] 1.6.1 if you are a parent, to care for a child or children[
Q&As
The benefits to the employer of entering into a separate non-disclosure agreement (NDA), rather than relying on confidentiality provisions in an employment contract may include: • convenience and clarity—in certain circumstances, the employer may require very detailed and comprehensive non-disclosure provisions. If these are included in the employment contract, this could render that contract unduly long and difficult for both parties to navigate and understand. Setting them out in a separate NDA might be
PRECEDENTS
ORDINARY RESOLUTION That the terms of the [draft] contract [dated [insert date]] between the Company and [insert name of seller(s)] for
CHECKLISTS
This Checklist sets out the information required to be included in a notice of contract or framework agreement modification to be sent to the UK central digital platform to comply the transparency requirements mandated by the Health Care Services (Provider Selection Regime) Regulations 2023 (PSR Regs 2023), SI 2023/1348, reg 13(5)(b) and Sch 12.
PRACTICE NOTES
This Practice Note concerns repudiation and sets out what a repudiatory breach of contract means. It explains how a repudiatory breach goes to the core of the contract and the options or remedies available to an innocent party as a result of the other party’s repudiation, which include either accepting the repudiatory breach and treating the contract as ended, or affirming the contract. This Practice Note explains the meaning of an anticipatory breach of contract and considers when that may also be a repudiatory breach. Termination for repudiatory breach is a common law right and a complex area of law, well documented with cases. If a party is seeking to terminate a contract for another party’s repudiatory breach the advice is to proceed with caution. It is not a risk-free strategy for termination, and each case should be evaluated on its own facts. Where a party purports to terminate a contract for the repudiatory breach of another party and the circumstances turn out not to amount to a repudiation, the act of termination could mean that the terminating
PRECEDENTS
Headed notepaper of seller/assignor To: [Insert name and address of contractual counterparty] [Insert date] Dear [[insert contact name at contractual counterparty]], [Sirs] Request for consent to 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). We hereby give notice that, as part of an internal reorganisation of our group of companies, on
NEWS
Commercial analysis: In this case, the court held that a contract providing for payment of a share of the running costs of a medical centre was not frustrated by the cancellation of one of the three GP partnerships’ registration to practice as a health service provider. There are relatively few cases on the doctrine of frustration and this judgment is of interest because it relates to the exercise of a statutory power which, it was argued, had the effect of rendering performance of the contract illegal. The court considered the multi-factorial approach required in analysing the doctrine of frustration. It focused in particular on: 1) whether the possibility of the frustrating event had been foreseen and provided for in the contract; and 2) the parties’ actions following the alleged frustrating event, namely the cancellation of their registration to practice by the Care Quality Commission (the CQC). Written by Harriet Campbell, professional support lawyer, at Stephenson Harwood LLP.
Q&As
As explained in Practice Note: Applicable law—a guide for dispute resolution practitioners: 'The applicable law is the law that governs a dispute between the parties. Generally, parties have the freedom to choose the applicable law. However, where they have failed to do so or have chosen a law which is prohibited for some reason, then the applicable law will be determined by the application of the relevant directive,
CHECKLISTS
This flowchart illustrates the process of making a compensation claim for additional time to complete the works and/or for additional payment under the NEC4 Engineering and Construction Contract. A flowchart setting out the process in respect