Construction Professionals. Always conclude your terms of Contract
As we always emphasise to our clients it is always important to properly conclude the terms of the contract under which you undertake work. Not only is it common sense …
Read MoreArchitect Employment Terminated before Final Certificate
In an interesting case recently we acted for a contractor against an Employer under a JCT standard contract when the Architect’s employment was terminated by the Employer – who then …
Read MoreAdjudication
Construction Adjudication
Adjudication has been called the saviour of the construction industry as far as construction disputes or construction claims is concerned. But what exactly is adjudication and why does it …
Cheques tendered in full and final settlement
What is the position when you send (or receive) a cheque in full and final settlement of a sum of money you owe or are entitled to. This issue can …
Read MoreShould I insist on a Formal Building Contract for a small project?
I often get asked what size does a project need to be before the use of a formal contract. And my advice particularly, for working with private clients, is basically any size needs a formal contract if you want to avoid the headaches. Likewise when friends have having building work done I give them exactly the same advice that they should not employ a builder without any standard form of contract in place.
Read MoreLetters of Intent
A Letter of Intent can take many forms but all attempt to express an intention to enter into a contract and a request for work to commence before the contract is concluded. It may be the letter states there is an intention to enter into a contract but without obligation or liability at the time of issue. Therefore anything done on the strength of such wording by a contractor may well be at its risk or the letter may perhaps require some work to be commenced (perhaps to meet a tight programme) e.g. design, placing orders, mobilisation etc. This type of letter can create obligations in that the contractor may recover monies for work carried out even of the contract is not finalised or even if the works do not proceed.
Read MoreConstruction Contracts and the Final Account
Construction contracts and construction law can be a minefield. However final accounts (including for the purposes of this article final certificates) draw a line of sorts under the contractual obligations …
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