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PRECEDENTS
Company number: [insert number] [insert company name] [PLC OR LIMITED] (the Company) Purchase of own shares
Q&As
The position depends on whether the modification is governed by the pre-Procurement Act 2023 (PA 2023) regime (Public Contracts Regulations 2015 (PCR 2015), SI 2015/102, Utilities Contracts Regulations 2016 (UCR 2016), SI 2016/274 or Concession Contracts Regulations 2016 (CCR 2016), SI 2016/273), or instead by the PA 2023. The modification will be governed by the pre-PA 2023 regime if the contract itself was awarded before Monday 24 February 2025, or if the procurement for the contract in question started before that date, even if the contract itself has not been awarded by that date. It will be governed by PA 2023 if the procurement for the contact starts on or after Monday 24 February 2025. The position under the pre-Procurement Act regime Under the pre-PA 2023 regime, express provisions on contract modifications are to be found in PCR 2015, SI 2015/102, reg 72, UCR 2016, SI 2016/274, reg 88 and CCR 2016,
PRECEDENTS
Schedule of amendments to the jct minor works building contract with contractor’s design 2024 The Contract comprises the Minor Works Building Contract with contractor’s design 2024 Edition published by the JCT subject to the following amendments: agreement ARTICLES Article 5 and 6 [See drafting note] Article 8 Article 8 ArbitrationDelete Article 8 and insert ‘All references to arbitration in this Contract are deleted.’ Article 10 After Article 9 insert the following: Article 10 [ To be added on the face of the contract ] Schedule of Amendments The Employer and the Contractor agree that the modifications in the Schedule of Amendments attached hereto (as initialled by the parties) are incorporated into this Contract and the provisions of the Agreement, the Contract Particulars, the Conditions and the Schedules annexed to the Conditions shall have effect as modified by the Schedule of Amendments which together comprise the ‘Contract’. Article 11 Insert new Article: ‘Article 11 Collateral Warranties Within 14 days of the Employer’s request, the Contractor shall deliver to the Employer executed deeds of collateral warranty from the Contractor in favour of any Funder, Purchaser and Tenant in
PRECEDENTS
The Contract comprises the completed Standard Building Contract With Approximate Quantities 2016 published by the JCT subject to the following amendments: RECITALS Fifth Recital Fifth Recital Delete the Fifth Recital and substitute:‘The Contractor has supplied the Architect/Contract Administrator with a master programme and a Schedule of Information Requirements.’ Twelfth Recital Twelfth Recital Delete the first sentence and replace with:‘The Contractor has inspected the Site and satisfied himself as to its dimensions, location and other relevant matters, and where there is a Contractor’s Design Portion, 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.’ ARTICLES Article 5 Article 5 In the first line after ‘for the purposes of the CDM Regulations’, insert ‘and the Dutyholder Regulations’ Article 6 Article 6 In the first line, after ‘for the purposes of the CDM Regulations’, insert ‘and the Dutyholder Regulations’At the end of Article 6 insert:‘The Tender Price includes the Contractor’s price for fulfilling the duties of Principal Contractor.’ Article
PRECEDENTS
Signed by [insert name of individual general partner] for and on behalf of [insert
Q&As
Consideration of alternative employment on a redundancy is relevant to: • the fairness of the redundancy procedure—see Practice Note: Redundancy—fair procedure: individual consultation, in particular the sections headed Fairness of redundancy dismissal and Consider and consult on alternative employment • whether a statutory redundancy payment is payable—see Practice Notes: ◦ Entitlement to statutory redundancy payment ◦ Renewal of contract, re-engagement and trial periods ◦ Suitable alternative employment, and ◦ Unreasonable refusal of alternative employment Where an employee is offered his old job back or offered another job (with the same employer or an associated employer) and he restarts employment within four weeks
PRACTICE NOTES
The payment provisions in a building contract will usually provide for the contractor to make applications (although applications are not always mandatory) either at monthly intervals or the end of certain stages (eg where the works reach specified milestones), and may set out requirements as to what any applications must contain and will provide for conclusion of the final account. The contract should also set out the timings for various notices to be served in accordance with the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996). The contract is also likely to contain provisions relating to loss and expense payments, interest on late payments and the withholding of retention, and may contain other payment-related provisions. Many of these payment provisions will not be contentious and will reflect terms commonly seen in the market. There are, however, several issues relating to payment which are often the subject of negotiation between the parties. This Practice Note is a negotiation guide, looking at the most common issues that typically arise in relation to payment when drafting and negotiating
Q&As
This Q&A refers you to the related content available below, which may assist with your research. In doing so, we have assumed that the question relates to public procurement under the Public Contracts Regulations (PCR 2015), SI 2015/102. PCR 2015 includes specific provisions restricting the maximum contract duration/term for particular types of contracts and procedures. For example: • PCR 2015, SI 2015/102, reg 33 deals with framework agreements and includes a provision limiting the term of frameworks to four years save in exceptional circumstances • PCR 2015, SI 2015/102, reg 77 deals with reserved contracts and includes a provision limiting the maximum duration of such contracts to three years • PCR 2015, SI 2015/102, reg 32 deals with agreements tendered under the negotiated procedure without a notice and includes a provision limiting the contract duration in some circumstances to three years PCR 2015 is a detailed statutory instrument, setting out express requirements, exclusions and qualifications applicable to contracting authorities and procurements in-scope. Where term limits
PRECEDENTS
The Contract comprises the completed Standard Building Contract Without Quantities 2024 published by the JCT subject to the following amendments: RECITALS Fifth Recital Fifth Recital Delete the Fifth Recital and substitute: ‘The Contractor has supplied the Architect/Contract Administrator with a master programme and a Schedule of Information Requirements.’ Twelfth Recital Twelfth Recital Delete the first sentence and replace with:'The Contractor has inspected the Site and satisfied itself as to its dimensions, location and other relevant matters, and where there is a Contractor’s Design Portion (CDP), 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.' ARTICLES Articles 6 and 7 [See drafting note] Article 9 Article 9 Arbitration Delete Article 9 and insert: ‘Not used.’ Article 11 Insert new Article 11 as follows: ‘Article 11 [To be added on the face of the contract] The Employer and the Contractor agree that the modifications in the Schedule of Amendments attached hereto (as initialled by the parties) shall be incorporated
PRECEDENTS
The Contract comprises the completed Standard Building Contract With Quantities 2024 published by the JCT subject to the following amendments: RECITALS Fifth Recital Fifth Recital Delete the Fifth Recital and substitute:‘The Contractor has supplied the Architect/Contract Administrator with a master programme and a Schedule of Information Requirements.’ Twelfth Recital Twelfth Recital Delete the first sentence and replace with: 'The Contractor has inspected the Site and satisfied itself as to its dimensions, location and other relevant matters, and where there is a Contractor’s Design Portion, 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.' ARTICLES Articles 6 and 7 [See drafting note] Article 9 Article 9 Arbitration Delete Article 9 and insert ‘Not used.’ Article 11 Insert new Article 11 as follows: ‘Article 11 [To be added on the face of the contract] The Employer and the Contractor agree that the modifications in the Schedule of Amendments attached hereto (as initialled by the parties) shall be incorporated into this
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note explains the implications of IP completion day in relation to contract breach and remedies. The implementation period put in place to enable the UK to transition away from the EU’s laws and institutions ended at 11 pm (GMT) on 31 December 2020. At that point in time (referred to in this Practice Note as ‘IP completion day’) there were immediate changes that impact contracts in the UK. This Practice Note explains the implications of this change in relation to contract breach and remedies and links through to deeper content where you can find out more. How does Brexit impact contract breach and remedies? The law relating to the formation and interpretation of contracts in England and Wales is largely governed by common law which has not been directly impacted by IP completion day. The common law principles which determine what is a breach of contract and the remedies available within the UK have not changed following
PRECEDENTS
Agreement in relation to [insert brief details of the works/project] at [insert address of works] (incorporating (inter alia) the JCT Intermediate Sub-Contract with sub-contractor’s design Agreement 2024 (ICSub/D/A 2024) and JCT Intermediate Sub-Contract with sub-contractor’s design Conditions 2024 (ICSub/D/C 2024) as modified and supplemented in the manner indicated in this Agreement and the Schedules hereto). This Agreement is made on the [insert number] day of [insert month] 20[insert year]. Parties 1 [insert name of the Contractor] (company registration number [insert number]) whose registered office is situated at [insert address of the Contractor] (‘the Contractor’); 2 [insert name of the Sub-Contractor] (company registration number [insert number]) whose registered office is situated at [insert address of the Sub-Contractor] (‘the Sub-Contractor’). Now it is agreed that: 1 Interpretation In this Agreement words and expressions shall have the meanings that are respectively assigned to them in the JCT ICSub/D/A 2024 and the JCT ICSub/D/C 2024, referred to in and modified and supplemented in Schedule 1 and/or Schedule 2. 2 The contract This Agreement, together with the following documents, constitute the ‘contract’ and are in the following order of priority in the event of any discrepancies