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PRACTICE NOTES
When might a project-wide or multi-contract dispute board structure be appropriate? Large infrastructure, energy, transport, industrial, building and public-private partnership projects are often delivered through a network of separate but interdependent contracts. Complex nuclear new-build projects are one example of projects in which extensive contractual interfaces may make co-ordinated dispute-avoidance and dispute-resolution arrangements particularly valuable. The contractual interfaces may generate linked issues and disputes even where there is no direct contractual relationship between the parties affected. Typical interface issues include: • late access to work areas or late completion of predecessor works • late, incomplete or incompatible design information and design changes that affect multiple work packages • shared utilities, logistics, temporary works, site facilities or access routes • systems integration, testing, commissioning and operational readiness interfaces • employer-supplied materials, equipment, permits or information • instructions, acceleration measures or programme changes affecting more than one package • quality assurance, inspection and testing interfaces • defects or performance failures where design, construction, supply and operation responsibilities are divided between different parties An
Q&As
Is the estate contract required in order for the agreement to be registered at HM Land Registry? LRA 2002, s 32(1) provides that a notice may be entered in the register 'in respect of the burden of an interest affecting a registered estate or charge.' LRA 2002 does not set out an exhaustive list of what constitutes an 'interest', although LRA 2002, s 33 identifies certain interests that cannot be protected
Q&As
Under section 116(7) of the Finance Act 2003 (FA 2003), where six or more separate dwellings are 'the subject of a single transaction involving the transfer of a major interest in, or the grant of a lease over, them', then those dwellings are treated as not being residential property. This means that the non-residential rates of stamp duty land tax (SDLT) apply to that transaction. For more on rates of SDLT, see Practice Note: Rates of SDLT. It is understood that the reason this provision was introduced was because the acquisition of a certain number of dwellings (six having been picked for the legislation) as part of one deal takes on a commercial flavour. Such a deal is not about buying homes. However, the legislation specifically refers to a single transaction and not a single arrangement or other words that
PRECEDENTS
Consequences of termination of a consultant’s appointment 1 Subject to the other provisions of this Agreement and without prejudice to any right of action then accrued to either party on termination the Consultant will be entitled to fees for all
PRECEDENTS
This Deed is made on [date] Parties 1 [insert name of party] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Party A); [and] 2 [insert name of party] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Party B)[, OR ; and] 3 [[insert name of party] [of OR a company incorporated in [England and Wales] under number [insert registered number] whose registered office is at] [insert address] (Guarantor),] each of [Party A and Party B OR Party A, Party B and the Guarantor] is a party and together [Party A and Party B OR Party A, Party B and the Guarantor] are the parties. BACKGROUND (A) This Deed is supplemental to the Contract (as defined below). (B) In accordance with clause [insert variation clause reference] of the Contract, each party has agreed to amend the Contract as set out in this Deed. (C) [Under the Guarantee (as defined below), the Guarantor agreed to guarantee certain obligations of Party B.] (D) [The Guarantor is entering into this Deed as confirmation of its consent to the variations to the Contract as set out in this Deed.]
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 when requested by the Customer. 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; Best Industry Practice • means in relation to any undertaking and any circumstances, the highest degree of professionalism,
Q&As
The answer to this query depends on the specific wording of the sale contract and whether a special condition dealt with VAT in a manner inconsistent with the Standard Commercial Property Conditions (second edition) (SCPC). The contract If a contract expressly states that the purchase price is exclusive of VAT, and provides that the buyer must pay any VAT chargeable, then if VAT was chargeable, the buyer would usually have to pay the purchase price plus VAT. The position is less clear in the absence of such express provision and the seller cannot
NEWS
The Department for Levelling Up, Housing and Communities has transferred Viva Midco Limited (parent company for Avant Homes) from the list of developers who have yet to sign the remediation contract to the list of developers who have signed the contract.
NEWS
The Department for Levelling Up, Housing and Communities (DLUHC) has transferred Dandara Living Holdings Limited from the list of developers who have yet to sign the newly published developer remediation contract to the list of developers who have signed the contract.
Q&As
Section 106 agreements are agreements between landowners, local planning authorities, and other relevant parties which seek to provide mitigation to overcome planning objections to proposals and make the development acceptable in planning terms. Further information regarding section 106 agreements can be found in Practice Note: Planning obligations—key points. Section 106(1) of the Town and Country Planning Act 1990 (TCPA 1990) (as amended) provides that section 106 agreements may be entered into by ‘any person interested in land’. There is no definition of an ‘interest in land’ for the purposes of TCPA 1990,
Q&As
An administrator acts as agent of the company and is granted statutory powers to execute documents in the name of the company under paragraphs 8–9 of Schedule 1 to the Insolvency Act 1986 (IA 1986). Administrators have power to: • use the company’s seal • execute in the name of and on behalf of the company any deed, receipt or other document It is standard practice for an administrator to execute sale contracts for both the company in administration and in their personal capacity in order to take advantage of any exclusions
Q&As
Whether an app provider which purports to act as an introducer is deemed to be a party to the contract formed between the supplier and purchaser of goods will depend upon the specific circumstances and the drafting