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Juli Lau examines the pitfalls of standard terms and conditions ‘The initial fault lay with the seller in selling goods with a visual defect, and a provision which transfers all the risk of liability to the buyer does not satisfy the statutory test of reasonableness.’Exclusion and limitation clauses often feature among the key issues in …
Continue reading "Exclusion Clauses: Beyond reason"
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Patrick Parkin and John Houlden have news on the enforcement of framework agreements ‘Call-offs under framework agreements must be conducted according to the terms of the framework agreement (and ultimately the original ITT).’Public authorities commonly use framework agreements to put in place a roster of preferred suppliers from whom they can quickly call off supplies …
Continue reading "Call-Off Contracts: Doctors in the frame"
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Geraldine Elliott and Elizabeth Wiggin provide a helpful reminder on the incorporation of exclusion clauses ‘When considering injunctive relief, the question should be asked whether it is just in all the circumstances for a party to be “confined to his remedy in damages” by virtue of an exclusion clause.’Very often, it is not what the …
Continue reading "Drafting: Feeling excluded"
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Jenny Salmon reports on MT Højgaard A/S v E.ON and the lessons to be learned ‘Any warranty as to the length of operational life should have been expressly set out in the contract… and not buried in the technical requirements.’Contracts are the foundation-stone for the legal rights and responsibilities of the parties to any construction …
Continue reading "Contract: Failing foundations – the legal approach to contractual ambiguity"
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Nusrat Zar and Rachel Lidgate investigate a recent judicial assessment of a tender evaluation ‘This is the first time that an English court has set aside an authority’s decision to award a contract pursuant to the Public Contracts Regulations 2006.’In Woods Building Services v Milton Keynes Council [2015], the court held that a disappointed bidder …
Continue reading "Tendering: Keeping score"
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Tim Pugh and James Parker examine recent proposals for devolution and what it might mean for infrastructure delivery ‘Who will make the call when a centrally driven project impacts on the city, county, town or region in question and its plans?’How the UK plans and delivers its infrastructure development is crucial to making sure the …
Continue reading "Policy: Knitting Britain’s future"
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Dr Sam De Silva analyses managing legal risks within the supply chain ‘Consideration must be given on a case-by-case basis as to whether a service provider should be permitted to enter into subcontracts, and if so, the terms, conditions and restrictions which will apply to such a right.’In a typical outsourcing arrangement, a customer will …
Continue reading "Supply Chain: Too many cooks"
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Bridgette Wilcox and Paul Pugh investigate the next steps for the mutualisation agenda ‘The flexibility afforded to contracting authorities who wish to restrict the type of organisation eligible to bid has the potential of providing a greater chance of success to their mutuals.’With the dust settling after the recent general election, it is possible to …
Continue reading "Mutualisation: Mutual benefit"
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Jenny Beresford-Jones summarises the implications of the Small Business, Enterprise and Employment Act 2015 for procurement ‘New regulations under the Small Business, Enterprise and Employment Act 2015 look set to go beyond anything required at EU level.’It is now several months since the Public Contracts Regulations 2015 (PCR 2015) came into force, implementing the new …
Continue reading "Litigation: The devil in the detail"
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Chris Bryden, Agata Patyna and Matthew Shaw evaluate a recent Supreme Court decision dealing with the interpretation of contracts ‘The High Court agreed with the buyers’ interpretation, but the Court of Appeal overturned it and entered summary judgment in favour of the respondent bank.’ When dismissing the appeal of the lessees in the Court of …
Continue reading "Update: Caravan parks and rainy days"
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