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FIDIC Red Book 1999—Engineer’s duties and authority—checklist This Checklist outlines some of the Engineer’s duties and authority under the FIDIC Red Book 1999. For an analysis of the Engineer's role under the FIDIC Red and Yellow Books 1999, and the FIDIC Pink Book 2010, see Practice Note: FIDIC contracts (pre-2017 editions)—the role of the Engineer. In relation to the 2017 edition of the Red Book, see Checklist: FIDIC Red Book 2017: Engineer’s duties and authority. • Sub-Clause 1.5 The Engineer’s duty to issue clarification or instruction as to the priority of documents. • Sub-Clause 1.8 The Engineer’s right of access at all reasonable times to copies of the Contract, publications named in the Specification, the Contractor’s Documents (if any), the Drawings and Variations and other communications given under the Contract. • Sub-Clause 1.9 The Engineer’s duty to issue necessary drawings or instructions within a reasonable time. The Engineer’s duty to determine (under Sub-Clause 3.5 and upon receiving notice from the Contractor) time or money incurred as a result of the...
Construction pre-contract enquiries—checklist When acting for the potential purchaser of a property or a development, the first step in the process is to carry out an initial review of the construction documentation provided. A list of the issues which should be checked can be found in Checklist: Construction due diligence for property purchase—initial review of construction package—checklist. Following the initial review of documents, the next step is to raise initial enquiries of the seller's lawyers in order to obtain information which is not available within the construction documents provided. This document contains a list of sample questions that may be raised following the initial document review. Obviously the questions which will be raised will depend on the information and documents provided by the seller and this list will need to be amended to suit the particular circumstances. Typically, only copies of the contracts and appointments entered into will be provided and, as a result, there is always other information which is not apparent, but which needs to be obtained, in...
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Shipbuilding contracts This Practice Note considers the main terms included in standard form shipbuilding contracts. In particular, it looks at: • standard forms of the shipbuilding contract • price • title to the vessel • supervision and trials • delivery of the vessel • builder's liability • termination of the shipbuilding contract • dispute resolution provisions, and • potential issues for lenders This Practice Note considers the position in relation to commercial vessels in general. For information relating specifically to superyachts (a motor or sailing yacht greater than 30 metres in length), see Practice Note: Superyacht finance—sale and purchase of superyachts. The contract Standard form documentation has been developed across the world. The most commonly used forms are: • the Shipbuilders' Association of Japan 1974 standard contract (SAJ form), which has also been used as a starting point for other standard forms of contract used in South Korea, China, Taiwan and Singapore • the BIMCO NEWBUILDCON published in 2007, and • the Community of European Shipyards’ Associations 1999 form (AWES)...
Obtaining building regulations approval The Building Act 1984 (BA 1984) empowers the Secretary of State/Welsh Ministers to make building regulations for various purposes, including to secure the health and safety of persons in or about buildings. It establishes criminal liability for breaches of these regulations. It also provides for practical guidance to be given with respect to the requirements of the building regulations, by Approved Documents. The Building Regulations 2010, SI 2010/2214 (the Building Regulations) are made under BA 1984. They apply to buildings (defined as any permanent or temporary building including part of a building, but not any other kind of structure or erection) and regulate building works, as defined in Building Regulations, SI 2010/2214, reg 3, by broadly doing the following three things, discussed in this Practice Note: • they impose a set of technical requirements that building works need to comply with/be built to, relating to a range of matters including fire safety, drainage and conservation of fuel and power, among others • they set requirements relating...
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Software development agreement This Agreement is made on [insert date] (the Commencement Date) between the following: Parties 1 [insert supplier name] a company incorporated in England and Wales whose registered number is [insert company number] and whose registered office is at [insert registered office] (the Supplier); and 2 [insert customer name] a company incorporated in England and Wales whose registered number is [insert company number] and whose registered office is at [insert registered office] (the Customer), each of the Supplier and the Customer being a party and together the Supplier and the Customer are the parties. Background (A) The Supplier is [insert Supplier’s background details and the background to the relevant transaction]. The Customer is [insert Customer’s background details]. (B) The Supplier wishes to develop certain Software (as defined below) and the Customer wishes to engage the Supplier to develop the same on the terms of this Agreement. The parties agree: 1 Definitions and interpretation 1.1 Words shall have the meanings given to them...
Mobile application development agreement—pro-customer This Agreement is made on [insert date] (the Commencement Date) between the following: Parties 1 [insert supplier name] a company incorporated in England and Wales whose registered number is [insert company number] and whose registered office is at [insert registered office] (Supplier); and 2 [insert customer name] a company incorporated in England and Wales whose registered number is [insert company number] and whose registered office is at [insert registered office] (Customer), each of the Supplier and the Customer being a party and together the Supplier and the Customer are the parties. Background (A) The Supplier is [an experienced developer of mobile applications and] [insert the Supplier’s background details and the background to the relevant transaction]. (B) The Customer is [insert the Customer’s background details]. (C) The Supplier wishes to develop the Mobile App (as defined below) and the Customer wishes to engage the Supplier to develop the same on the terms of this agreement. The parties agree: 1...
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What is Public Liability Insurance? Nature of public liability insurance Public Liability insurance covers the assured’s liability to the public at large. Typically, it covers sums which the assured: (i) becomes legally liable to pay (ii) to any third party other than an employee (iii) as damages or compensation for (iv) death and personal injury, property damage or interference with certain property rights (v) happening in a specified context. Public Liability insurance is not statutorily compulsory but is plainly a sensible precaution if the assured’s activities are likely to give rise to claims or if its ability to satisfy claims is limited. Accordingly, many companies take out a combined business insurance policy which includes Public Liability, Employers’ Liability and Products Liability insurance. Likewise most domestic household policies routinely include an element of Public Liability insurance. (i) Legal liability The policy only responds to legal liability. Ex gratia payments or sums paid for commercial expediency are not covered. The underlying purpose of the policy (as demonstrated by...
Where a construction contract is not based on a standard form, will the terms implied by law relating to the execution of work and use of materials be subject to reasonable care and skill, as opposed to an implied term as to fitness for purpose? An implied term is one that has not been expressly agreed between the parties and is therefore not recorded in the contract. Terms may be implied into the contract for various reasons and in various circumstances—for example, pursuant to statute, or if the term is necessary to give the contract business efficacy (ie, make it work). Where a term is implied by statute, the intention of the parties is not a factor in its inclusion of the term in the contract—it is automatically implied in accordance with the requirements of statute. In the absence of express terms dealing with these issues, section 4(4)–(5) of the Supply of Goods and Services Act 1982 (SGSA 1982) impose an implied term in any
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This week's edition of Tax weekly highlights includes: (1) the House of Commons committee debating (but not amending) clauses of the Finance Bill 2025, (2) the NICs Bill passing the House of Commons stages without amendment, and (3) the Spring Forecast to be published on 26 March 2025.
Construction analysis: On 16 October 2024, the Joint Contracts Tribunal (JCT) published the 2024 editions of its Major Project, Constructing Excellence, and Prime Cost Building contracts, along with their associated guides and sub-contracts. In this analysis, we focus on the Major Projects contract and sub-contract, and look at how these differ from their 2016 equivalents.
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