Consumer Finance Monitor Podcast Episode: Should Written Contracts be Eliminated for Small Dollar Transactions? With David Hoffman, University of Pennsylvania Carey Law School
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
On March 8, Jason Copley and John Greenhall are presenting a webinar for the Construction Financial Management Association New Jersey Chapter on AIA and ConsensusDoc Contracts. This webinar will discuss the two primary...more
The American Institute of Architects (“AIA”) revises its standard contract forms every ten (10) years and, in April 2017, released some of the revised documents for 2017. An additional 18 forms will be released later in...more
The construction industry’s use of standard form contracts (such as the AIA family of documents) is widespread and provides parties with consistent terms that govern their respective project obligations and the allocation of...more
[This is Part II of a four-part series discussing the new AIA 2017 forms. Part I discussed the agreements between the Owner and Contractor (A101-2017 and A102-2017); Part III will discuss the Owner—Architect forms (B101-2017,...more
The Consumer Review Fairness Act (CRFA) began to take effect yesterday, March 14, 2017. One aim of the CRFA is to protect consumers’ ability to publicly review services and vendors without being subject to restrictions or...more