Amending standard forms of construction and engineering contracts to change the risk level between the parties is a perennial issue. This, however, can lead to disputes due to amendments not clearly reflecting the intention...more
2/28/2020
/ Amended Forms ,
Construction Contracts ,
Construction Industry ,
Contract Terms ,
Engineering ,
FIDIC Contracts ,
General Contractors ,
London Technology and Construction Court (TCC) ,
Public Procurement Policies ,
Risk Allocation ,
Standard Form Contracts ,
UK
When does title to goods transfer from a contractor to an employer? This can be a critical issue, especially when a party to a project has become insolvent. A recent English case considered this issue, and the application of...more
1/16/2020
/ Certification Requirements ,
Conditions of Payment ,
Construction Contracts ,
Contract Terms ,
Contractors ,
Employer Liability Issues ,
FIDIC Contracts ,
Goods or Services ,
Insolvency ,
Legal Title ,
Ownership Interest ,
Subcontractors ,
Transfer of Title ,
UK ,
Vesting
Restrictions on a contractor's rights to subcontract works are common across industry forms of contract, and breach of these provisions can have significant consequences for a contractor. In a recent Australian case, the...more
11/11/2019
/ Breach of Contract ,
Construction Contracts ,
Construction Industry ,
FIDIC Contracts ,
General Contractors ,
Non-Assignment Clauses ,
Restrictive Covenants ,
Risk Mitigation ,
Specific Performance ,
Standard Form Contracts ,
Subcontractors ,
UK