What are provisional sums? There is no precise, standard definition of provisional sum but it is generally understood to refer to an amount inserted into a bill of quantities, or contract sum analysis, to cover certain items of work that cannot be accurately defined, detailed or valued at the time that the tendering documents are issued by the employer. This could be because the item of work may not be required or the extent/scope of it is undefined—for example, if the contract works include excavation or underground work that cannot be properly investigated until the project has commenced. It is called a ‘provisional’ sum because neither party is held to the figure—the actual figure may be higher or lower than the provisional sum stated. In Midland Expressway v Carillion Construction, the Court of Appeal described a provisional sum as: 'used in pricing construction contracts to refer either to work which is truly provisional, in the sense that it may or may not be carried out at all, or to work whose content is undefined, so that the parties decide not to

Date [insert date] 20[insert year] Parties 1 [insert name of Consultant] (Company Number [insert company number]), whose registered office is at [insert address] (the ‘Consultant’); 2 [insert name of Employer] (Company Number [insert company number]), whose registered office is at [insert address] (the ‘Beneficiary’, which expression shall include successors in title and any permitted assigns); and 3 [insert name of Contractor] (Company Number [insert company number]), whose registered office is at [insert address] (the ‘Contractor’). Recitals (A) The Beneficiary appointed the Consultant under an appointment dated [insert date] (the ‘Appointment’) to perform [insert details of the services] services (the ‘Services’) in connection with [insert description of the project] (the ‘Project’). (B) The Beneficiary engaged the Contractor under a contract dated [insert date] (the ‘Building Contract’) to carry out design and construction works in connection with the Project. (C) The Beneficiary has novated the Appointment to the Contractor by way of a deed of novation dated [insert date] and the Consultant has agreed to execute this collateral warranty in favour of the Beneficiary. Now in consideration of the payment of £1 (receipt of which is hereby acknowledged by the Consultant) This deed witnesses

ARCHIVED: This Practice Note has been archived and is not maintained. Coronavirus (COVID-19) presents an unprecedented challenge to the global life sciences industry. The UK and EU regulators are working to provide continually reviewed up-to-date guidance in response to the evolving crisis, as well as to support research and development (R&D) that they hope will contain the impact of the spread. This Practice Note provides guidance as to the response of UK and EU regulators in the areas of clinical trials, inspections and the continuity of supply in medicinal products and medical devices, as well as the postponement of the implementation of Regulation (EU) 2017/745 (consolidated version 24.04.2020), the Medical Devices Regulation (MDR). It also summarises key R&D initiatives at a UK and EU level and European Commission guidance on the collection and transfusion of convalescent COVID-19 plasma. For a summary of developments and updates on coronavirus that relate to the life sciences sector,

Trust A trust would effectively mean the money is held in a separate account for the customer’s benefit only and therefore on an insolvency situation, the money is effectively left out of the ‘pot’ for creditors and would go straight to the customer, see Practice Note: Proprietary claims. Existence of trust The first consideration will be whether the vehicle used will be a trust. A trust will involve the settlor, the original owner of property, conveying it to one or more trustees and manifesting an intention that it is to be held on trust for one or more beneficiaries. The trustees become owners at common law and hold the property or rights in trust for the beneficiaries (cestuis que trust) for that purpose. In

This Practice Note focuses on the considerations applicable on and from 6 April 2016 (the date on which contracting-out on a salary-related basis—also known as DB contracting-out—was abolished) when 'buying out' the following contracted-out salary-related (COSR) rights: • guaranteed minimum pensions (GMPs)—these are the benefits accrued by members of COSR schemes as a consequence of contracting out between 6 April 1978 and 5 April 1997 • Section 9(2B) rights (also known as post-1997 COSR rights)—these are the benefits accrued by members of COSR schemes as a consequence of contracting out between 6 April 1997 and 5 April 2016 The legislative requirements applicable differ depending on whether the COSR rights in question are GMPs or Section 9(2B) rights. For information on the considerations applicable before 6 April 2016 for the buy-out of COSR rights, see Practice Note: Buying out Section 9(2B) rights and GMPs before 6 April 2016 [Archived]. For information on buy-out issues generally, see Practice Note: De-risking—pension buy-outs and buy-ins. For information on the abolition of DB

Introduction The Authority intends to award a [contract OR framework agreement] for [requirement OR project] The procurement is subject to the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102. This pre-qualification questionnaire (PQQ) is based on the standard PQQ recommended to all contracting authorities in statutory guidance issued under PCR 2015, reg 107(1). The Authority will use the information provided in response to this PQQ to make an assessment of the Supplier’s economic and financial standing, technical and professional ability, and general good standing, and to decide who will be invited to [tender OR negotiate] to participate in a [competitive dialogue OR innovation partnership] procedure for the [contract OR framework agreement]. The background to the [requirement OR project] is set out in the accompanying Information Memorandum together with information on how the requirement is structured and the conditions of participation. PQQ responses will be assessed in accordance with the accompanying Evaluation Model. In this PQQ, ‘Authority’ means the public sector contracting authority, or anyone acting on behalf of the contracting authority, that is seeking to invite suitable Suppliers to participate

Differences between leases and licences to occupy Leases A lease in Scots law is a contract where a person (the tenant) is allowed to occupy someone else's (the landlord’s) heritable property for a defined period of time in return for which the tenant pays the landlord rent usually on a periodical basis and usually in the form of money (although payment by pay of goods is possible but not common). The four cardinal elements of a lease are generally accepted as being: • defined subjects • a rent • an agreed duration, and • identification of the separate parties For further information, see: Cardinal elements: Stair Memorial Encyclopaedia [4]. If the other cardinal elements of a lease are present but not the length, a duration of one year may be implied by the court. Licences to Occupy A licence to occupy (licence) is a contract falling short of a lease where a right is granted to use a property or part of it rather than any right in possession

What is an assignment An assignment is the transfer of a right or an interest vested in one party (the assignor) to another party (the assignee), for example, the transfer of the employer’s rights under a building contract to the purchaser of the completed works. In this Practice Note, the other party performing the obligations under the contract is referred to as the 'obligor'. The effect of a valid assignment is to entitle the assignee to demand performance of a contractual obligation, for example, an entitlement to ask for defects to be corrected and/or a right to bring proceedings. This Practice Note considers the different ways in which parties can give effect to an assignment in construction documents (eg construction contracts, appointments and collateral warranties), and their implications. For further information on: • what an assignment is, why it arises in a construction context, how it operates and what steps are needed to put in place effective assignments, see Practice Note: Assignment in construction contracts • circumstances in which the assignment of rights may be restricted,

This Practice Note compares the pricing structures most commonly used in construction contracts. It considers lump sum, remeasurement, prime cost and target cost contracts. Lump sum Features Comment Also known as: Fixed price In a nutshell: The contract sum is agreed before the works start. Features: The employer and contractor agree the total contract sum payable to the contractor at the outset of the project, before commencement of the works. The lump sum is not subject to remeasurement during the course of the project.It is therefore important that the contractor is given sufficient information at tender stage in order to price the works accurately. Where the contractor is not designing the works, it will normally price the works on the basis of drawings and:• a ‘bill of quantities’ drawn up by a quantity surveyor according to a published standard method of measurement. This lists out the items of work, labour and materials required to complete the works. During the tender process, the contractor prepares rates for each item within the bills of quantities, and

Consistent with the common law of contract, an insurer is not able to transfer the burden of its obligations under a contract of insurance without the consent of the policyholder. A novation agreement between the original insurer, the policyholder and the substitute insurer is, as a general rule, required to effect such a transfer. As an exception to this rule, an insurance business transfer scheme under Part VII of the Financial Services and Markets Act 2000 (FSMA 2000) provides a process by which an insurer may transfer the whole or part of its business, subject to certain conditions, without obtaining the consent of individual policyholders. The UK has had a regime for transferring portfolios of business for some time. Earlier procedures under the Insurance Companies Act 1982 differed in the case of long-term insurance (essentially life, annuity, permanent health and pension business) and general insurance business. In the former case, a court application was required, whereas for general insurance, only the approval of the regulator was needed. In either case, a difficulty

This Practice Note sets out the practical considerations that local authority landlords need to consider when faced with a housing disrepair claim in England. It sets out the basis for a repair claim and the practical steps that need to be taken when dealing with a claim, including whether the matter could be dealt with by non-court based alternative dispute resolution. It also covers the Awaab’s Law regime implied term and new statutory time frames for local authority landlords to investigate and repair specified emergency and HHRS hazards. The basis for a disrepair claim It is important to understand the basis upon which a claim can be brought and some basic procedural matters. Disrepair claims arise, principally, out of contract and statute law, the basis of each is outlined below. If there is a tenancy agreement, the claim is likely to be in breach of contract. A copy of the tenancy agreement must be obtained to check the landlord’s express repairing obligations. There are also some standard implied

This Agreement is made on the [insert date] day of [insert month and year] Parties 1 [Insert Employer name] (Company Registration No. [insert number] whose registered office is at [insert office]) (the 'Employer' which term shall include all permitted assignees or other transferees under this Agreement); and 2 [Insert Consultant name] (Company Registration No. [insert number] whose registered office is at [insert office]) (the 'Consultant') Whereas (A) The Employer has entered into or proposes to enter into a contract with [insert name of contractor] of [insert contractor's address] for the [design and] construction of a [insert brief description of the project] (the ‘Project’) at [insert location of site] (the 'Building Contract'). (B) The Employer wishes to appoint the Consultant to perform the services set out in Schedule 1 (the 'Services') in accordance with the Agreement It is hereby agreed as follows 1 Definitions and Interpretation 1.1 In this Agreement the following expressions shall have the following meanings: [Beneficiaries • any and all [Funders] [Purchasers] [Tenants] ] Copyright Documents • data and/or documents (whether hard copy or stored on electronic media) including surveys, investigations, studies, reports, plans, drawings, specifications, models, calculations, schedules of work, programmes,