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
In this Insight, first published in the March 2025 edition of the NEC Newsletter, Shy Jackson considers the topic of the “battle of the forms” in the context of a recent Scottish case, Caledonia Water Alliance v Electrosteel...more
Not everyone will be familiar with the 1994 Latham Report that advocated the use of good faith, but the government’s Construction Playbook and the equivalent private sector Trust and Productivity report are more recent...more
In this Insight, Olivia Turner considers the key features of the ABCA form for the Appointment of a Building Control Approver that clients should be aware of. Part of the transformation of the building safety regime...more
Considering "good faith" clauses and comparing NEC's mutual trust and co-operation provision with JCT 2024's collaborative working provisions, first published in PLC. Originally published in PLC Construction - June 5,...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
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
Effective June 13, 2021, New York updated its Statutory Short Form Power of Attorney, with revisions that should significantly improve the experience for both practitioners and clients alike. A power of attorney is a...more
The majority of today's leases, contracts and legal forms are riddled with the word shall. Shall is a word beloved by many, but it may be time to move away from shall. The use of shall can take parties down the long and...more
When I teach about the Association of International Petroleum Negotiator’s (AIPN) Model International Farmout Agreement at AIPN’s courses, I tell the attendees that farmouts (and the model form) are a lot like a “choose your...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
The 2019 Colorado General Assembly has only been in session for a few weeks, but bills are already pending or in the works that may affect real property and development. Here, we discuss a few of the most impactful. For more...more
Standard forms for the authorization of the release of medical information in Ohio have been developed by the Department of Medicaid....more
The Pennsylvania Association of Realtors (“PAR”) Standard Agreement for the Sale of Real Estate (“Agreement of Sale”) is probably the most widely used Agreement of Sale for residential real estate transactions across the...more
Novelists stare at the blinking cursor on their blank screens. Anguished artists confront the empty canvas. Starting from scratch can be agonizing for creatives, but entrepreneurs who want to draft a term sheet or a...more
This Client Alert continues our reports regarding the Illinois Power Agency’s ("IPA”) on-going implementation of the Illinois’ Future Energy Jobs Bill (Public Act 99-0906), which became effective on June 1, 2017. (See prior...more
Supreme Court of Canada Revives Correctness Test for Interpreting Standard Form Contracts - There is a new exception to the new Canadian approach for reviewing the interpretation of contracts: a trial court’s...more
GOVERNMENT CONTRACTS - Evaluating Reasonableness of Price for Commercial Items - The Department of Defense (DOD) issued a proposed rule on August 3, 2015 to amend the Defense Federal Acquisition Regulation...more
1. Introduction - Over the last few years, there have been ongoing discussions and a series of initiatives aimed at developing a “Pan-European Private Placement Market” (PEPP Market) for private placement transactions...more