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PRECEDENTS
This Agreement is made on [date] Parties 1 [insert name of Customer][ of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at ][insert address] (Customer); and 2 [insert name of Supplier][ of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at ][insert address] (Supplier) (each of the Supplier and the Customer being a party and together the Supplier and the Customer are the parties). Background (A) The Customer conducts the business of [insert description]. (B) The Supplier conducts the business of supplying [insert description of services] to other businesses. (C) The parties have agreed that the Supplier shall supply services to the Customer on the terms set out in this Agreement. (D) The parties contemplate that the Supplier shall supply services to the Customer on a call-off basis. The parties agree: 1 Definitions and interpretation 1.1 In this Agreement: Affiliate • means any entity that directly or indirectly Controls, is Controlled by, or is under common Control with, another entity; Background IPR • means Intellectual Property Rights of the Supplier (or its third-party provider) existing prior to the Commencement
PRECEDENTS
Signed by [insert name of liquidator], liquidator (without personal liability), for and on behalf of [insert name of company]
PRECEDENTS
Signed by [insert name of administrator], administrator (without personal liability), for and on behalf of [insert name of company]
Q&As
This Q&A covers a situation where: • A and B are the commercial contracting parties to an arm’s length business-to-business (B2B) contract • the term 'deliver up' is a contractual term used in the context of a contractual obligation between A and B to perform an activity within the normal course of the contract, absent any insolvency situation, and distinct from a term relating to the usual ‘delivery’ of goods from a seller to a buyer • the contract is subject to the laws of England & Wales and the performance and property in question is located in England & Wales This Q&A focusses on guidance and rules for contractual interpretation, and case law concerning the term 'deliver up'. It does not consider the term 'delivery up' in the context of the Insolvency Act 1986 (IA 1986). Matters you may wish to consider may include (but are not limited to): Contract interpretation When
FLOWCHARTS
Interim payment process in the NEC4 Engineering and Construction
Q&As
Joint, several or joint and several Where a contract is made by two or more parties, it may contain a promise or obligation made by two or more of those parties. Joint liability arises where two or more persons jointly promise to do the same thing. For instance, where B and C jointly promise to pay £100 to A. Several liability arises where two or more persons make separate promises
NEWS
Law360: A California magistrate judge 5 June 2023 ordered a contract breach dispute between Fujitsu Semiconductor and Cypress Semiconductor into arbitration in Japan, finding Fujitsu established the existence of a valid arbitration agreement in a decade-old microchip manufacturing deal between the parties that provides for arbitration to proceed in Tokyo.
FLOWCHARTS
This flowchart illustrates the final payment process in the JCT Design and Build
NEWS
Construction analysis: On 5 March 2024, the Joint Contracts Tribunal (JCT) published the 2024 editions of its Construction Management Contract and Management Building Contract, alongside 2024 editions of Framework Agreement, Dispute Adjudication Board Documentation, Adjudication Agreement, and Project Bank Account Documentation. In this analysis, we focus on the Construction Management Contract, and look at how it differs from its 2016 equivalent.
Q&As
A settlement agreement is a contract in and of itself. There are two potential scenarios that arise from this question: the first where the settlement agreement was entirely contractual; the second where the settlement agreement was also embodied in a consent order. Entirely contractual compromise An unimpeached compromise represents the end of the dispute or disputes from which it arose (see Prudential Assurance Co Ltd v McBains Cooper [2001] 3 All ER 1014 at [19]). It is the dispute that is compromised, as opposed to the original contract itself. It is, of course, open to the parties to expressly vary the original contract at the same time as the dispute is compromised,
Q&As
For the purposes of this Q&A we have assumed that the contract is a business-to-business contract where there is a supplier/customer relationship of some description, and the supplier is either: (a) supplying a work force; or (b) supplying services to the customer, which have been impacted by an increase in costs due to an increase in the minimum wage. Contract provisions It will be necessary to check for any (a) price and (b) price variation provisions within the contract. We refer you to the following materials for information on this type of provision. • Practice Note: Price, payment terms and interest summarises the main issues arising in relation to price, payment and interest provisions in business-to-business contracts • Drafting and negotiating a price clause—checklist outlines key provisions and issues for consideration when drafting and negotiating price clauses in commercial contracts • Drafting and negotiating a