This Practice Note forms part of our suite of detailed guidance on the main terms of the standard form Contract for Difference (CfD), issued to renewable electricity generators pursuant to the CfD allocation rounds held to date. The focus of this Practice Note is the terms of the CfD contract relevant to the period from CfD signature to the point at which the project is commissioned, and begins to be paid under the CfD. Our other relevant Practice Notes in this series include: • Detailed guidance on the terms of the standard form Contract for Difference (CfD): from commissioning to expiry—provides complementary guidance on the CfD contract provisions relevant once a project has been commissioned and subsidy payments have commenced • Contracts for Difference (CfD)—key features—provides a detailed overview of the CfD regime as a whole, including the pre-contractual legislative process under which standard form CfDs are awarded and the types and forms of standard and non-standard form

Article 73 of Directive 2014/24/EU (the Public Contracts Directive) is implemented into English law by the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102. Article 73 of the Public Contracts Directive and PCR 2015, SI 2015/102, reg 73 provide for the situations in which a public contract may be terminated. Strictly, breach of the contract by the contractor is not one of the situations

1 Capital allowances—for use where the Seller has claimed a first-year allowance or pooled qualifying expenditure on plant and machinery fixtures and the parties will enter into a s 198/s 199 joint fixtures election on completion 1.1 In this clause 1: CAA 2001 • means the Capital Allowances Act 2001; Fixtures • means all plant and machinery which is installed or otherwise fixed in or to the Property so as to become (in law) part of the Property including any boiler or water-filled radiator under section 173(1) of CAA 2001; HMRC • means HM Revenue & Customs; Main Pool Plant • means those Fixtures included by the Seller in the main pool under section 54 of CAA 2001 Prior Right • has the meaning of prior right for the purposes of section 181(2) of CAA 2001 Special Rate Pool Plant • means those Fixtures included in a special rate pool under section 104C of CAA 2001 1.2 On Completion the Seller and the Buyer shall make an election in respect of the Fixtures under section 198 of CAA 2001 in the form annexed at Schedule [insert reference] (the ‘Election’), and shall each, within [insert number] working days of Completion,

For information about changing terms and conditions of employment, generally, see Practice Note: Changing terms and conditions of employment. An employment contract or worker contract may, like any other contract, be amended at any time either: • in accordance with the terms of the contract itself • with the agreement of all the parties to the contract Introducing changes in accordance with the terms of the contract As an initial step, an employer may wish to scrutinise the terms of the contract in each case to establish whether the nature of the proposed change falls within the scope of any flexibility built into existing contractual terms. It should be noted, however, that the extent to which an employer can introduce changes to an employee’s terms and conditions of employment by relying on an express contractual term purporting to authorise unilateral variation,

The flowchart below summarises the key steps required in order for an employer to be able to claim or deduct liquidated damages under the JCT Design and Build Contract 2024. Although it focuses on

An illustrative mark-up highlighting the amendments made to the Standard Commercial Property Conditions (Third Edition—2018 Revision) (SCPC) in Precedent: Contract for sale—freehold subject to leases is available from the following link: The symbols in the

The law Regulation 34 of the Public Contracts Regulations (SI 2015/102) (PCR 2015) (PCR 2015, SI 2015/102, reg 34) allows a contracting authority to procure a public contract through a dynamic purchasing system (DPS). PCR 2015, SI 2015/102, reg 34(1) provides that a DPS can be used by a contacting authority to procure commonly used goods and services which are generally available on the market and which the authority requires to meet its needs. An example might be an annual supply of stationery requisites. Procurement through a DPS is operated completely electronically (PCR 2015, SI 2015/102, reg 34(2)). This means that a DPS is a flexible procurement system. For example, under a DPS new provides can be admitted to the system during its operation. This contrasts with procurement under a framework agreement, where provides are fixed at the time the agreement is established. A

For the purposes of this Q&A we have assumed that the contract is a business to business contract; additional considerations may apply where the contract is with a consumer. We also assume that the signing party has the necessary authority to do so. The general rule is that a person who accepts an offer made in a written document by signing and delivering that document is

Contractual notices by email Electronic communications An electronic communication can take a variety of forms. In section 15(1) of the Electronic Communications Act 2000, it means a communication transmitted—(a) by means of an electronic communication network, or (b) by other means, but while in an electronic form. The expression includes email, social media, telephone, text, facsimile, and websites. If a contract states that notice can be given by electronic communication, this is not restricted to notice by email. Construction of electronic communication clauses The courts will interpret notice clauses very strictly as the parties have selected the chosen method of communication under the contract. In the Canadian case of Kanitz v Rogers Cable Inc (2002) 21 BLR (3rd) 104 (not reported by LexisNexis®) at [32], the court stated that parties who choose to conduct their business electronically must bear the risks of doing so. In that case,

ORDINARY RESOLUTION [ That the term in the service contract proposed to be entered into between the Company’s subsidiary, [insert name of subsidiary], and [insert name of director] providing that the period during which their employment [ [is to continue OR may be continued] otherwise than at the instance

The GC Works contract (the Government General Conditions of Contract for Building and Engineering Work) used to be the standard form that was used for public sector construction contracts. It could also be used for works in the private sector. Like other suites of construction contract, the GC Works suite included versions with and without quantities, as well as design

An employee's contract of employment may contain provisions entitling him to be paid during any periods of sick absence. An employer does not have to agree to any contractual terms entitling his employees to sick pay. However, if he does agree to such terms then they must be included in any written statement of particulars provided to the employee (see Practice Note: Written statements of employment particulars—to 5 April 2020 [Archived]). There is no general presumption of a contractual right to sick pay, but a term may be implied in some circumstances even where there has been no express agreement. Typically, the contract of employment will specify the duration of any entitlement to sick pay. However, where there is a contractual entitlement to sick pay but no duration is specified, a reasonable duration will be implied into the contract. For further information, see Practice Note: Sick pay—Contractual sick pay and Harvey on Industrial Relations and Employment Law—Sick pay (6). Clause