Consumer Finance Monitor Podcast Episode: Should Written Contracts be Eliminated for Small Dollar Transactions? With David Hoffman, University of Pennsylvania Carey Law School
What lawyers call a “battle of the forms” occurs when two parties, negotiating a contract, exchange conflicting standard terms during the contract negotiation and formation. This leads to the obvious and not uncommon dilemma:...more
If two bills recently introduced in the New York State Legislature become law, employers across the state could face new restrictions on including certain common provisions in their employment-related agreements....more
In this Insight, first published in PLC, Natalie Wardle reflects on the FIDIC International Contract Users' Conference 2024 held in London in December and the new contracts and standard clauses that FIDIC is currently working...more
Whether you love them, hate them or this is your first-time hearing of them, the AIA form document set, created by the American Institute of Architects (AIA), are the most widely used forms in the construction industry today....more
In this Insight, Shy Jackson and Rebecca Maxwell consider what we can learn from the case of Workman Properties Ltd v Adi Building & Refurbishment Ltd [2024] EWHC 2627 (TCC) which provides a salient reminder of the importance...more
In this Insight, first published in PLC, Shy Jackson considers the Court of Appeal's decision in Providence Building Services Ltd v Hexagon Housing Association Ltd [2024] EWCA Civ 962 that a contractor was entitled to...more
One of the main reasons for a separation agreement with an employee is to obtain an effective release of claims against the employer. However, ensuring release agreements are effective and enforceable is becoming increasingly...more
For most healthcare providers and businesses, signing a Business Associate Agreement (BAA) is a standard practice. When contracting to provide services with an entity governed by the Health Insurance Portability and...more
The Court of Appeal has reversed the High Court’s decision that a modified standard form sub-participation agreement was a hybrid arrangement rather than a conventional sub-participation. The judgment is a useful illustration...more
An article, first published in PLC which analyses the key changes introduced by the JCT in its Design and Build Contract, 2024 Edition, the first of the JCT's 2024 contract families to be published. Standard forms tend to...more
On 13 December 2023, the Innovation, Technology and Industry Bureau (ITIB) and the Cyberspace Administration of China (CAC) issued the “Standard Contract for the Cross-boundary Flow of Personal Information Within the...more
In this Insight, first published in PLC, Jennifer Badham discusses various attempts to address late payments and long payment terms that are a common problem in construction industry supply chains, including two recent...more
While main contract suites offer standard dispute resolution clauses, these are often amended in practice. A recent case gives a warning of what happens when such bespoke provisions are not clear. Originally published by...more
An article on NEC's practice note explaining how the NEC4 Engineering and Construction Contract can be adapted for use as an engineering procurement and construction (EPC) contract. NEC has recently published a practice...more
So far, 2023 has proven to be a particularly active year in the employment space, with federal government agencies weighing in on a variety of issues. Of note, severance agreements have been a specific target of both the...more
There has been growing demand in the industry for standard form contract publishers to address the climate impact of construction projects and so today marks the launch of the hotly anticipated NEC secondary option clause X29...more
The title of my review of the last online FIDIC conference a year ago, FIDIC contracts - a preview of what is to come, now has a somewhat ominous ring to it as for the second year running the International Users’ Conference...more
The September 2020 decision by the Scottish Court of Session in Van Oord UK v. Dragados UK [2020] CSOH 87, which has now been appealed. The dispute centred on the ability of Aberdeen Harbour expansion main contractor Dragados...more
Sir Rupert Jackson sitting in the Court of Appeal had found that the liquidated damages clause providing for liquidated damages to be paid for each day of delay by the contractor “from the due date for delivery up to the date...more
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
Risk in construction contracts - 'Risk', in a project delivery context, can be defined as 'an uncertain event or set of circumstances that, should it occur, will have an effect on the achievement of one or more of the...more
The FTC recently brought action against two companies for including non-disparagement provisions that bar or impose financial penalties on consumers for writing negative reviews in their form contracts, without a meaningful...more
Last week I was enjoying a wonderful dinner with close friends when I heard one of the most anxiety inducing comments an attorney who drafts and negotiates contracts can hear: “I used a contract template that I pulled off the...more
The Pennsylvania Association of Realtors® (PAR) Standard Agreement for the Sale of Real Estate (Agreement of Sale) is probably the most frequently and widely used Agreement of Sale in residential real estate transactions...more
As you probably have heard by now, the American Institute of Architects (AIA) introduced its updated versions of its most popular standard form contracts in April of 2017. However, many owners, contractors, architect and...more