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Contract Exit Plan

Friday, June 9th, 2017

CONTRACT EXIT PLANS All contracts come to an end. Some, however, will need provisions for an ‘Exit Plan’. Services, for example, may come back in-house from an external provider, or, the services may transit to another external provider. Typically, an Exit Plan is a Schedule to the contact. It should also be remembered that a […]

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New Suite of Contracts NEC4

Friday, June 2nd, 2017

NEC 4 Did you know a new NEC suite of contracts NEC4 will be available in June 2017? The publisher is Thomas Telford. The paperbound family of contracts is available for £720 (Platinum/Gold Users’ Group Members £648). There is a new Dispute Resolution Service contract which will replace the NEC3 Adjudicator’s Contract. There is a […]

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Escrow Agreements

Tuesday, September 27th, 2016

Escrow Agreements The word “Escrow” as a noun means “a bond, deed or other document kept in the custody of a third party and taking effect only when a specified condition has been fulfilled.” “Escrow is not an acronym. It is derived from the Middle English word “escrow”, which means “scroll” or parchment. We are […]

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Improving Procurement Performance

Wednesday, September 21st, 2016

The Australian National Audit Office (ANAO) published, in September 2016, a report related to offshore processing centres in Nauru and Papua New Guinea. It is very timely and informative for the UK Government, given the Brexit outcome. The Australian Government was anxious to avoid asylum seekers risking their lives on boat journeys to Australia, hence […]

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Project Dispute

Wednesday, September 14th, 2016

PROJECT DISPUTE – PERFORMANCE AND PERFORMANCE GUARANTEE We are always seeking to inform our readers of contractual ‘incidents’ from which there is extensive learning opportunities. There has been a long running saga between Todaysure Matthews Ltd & Anor v Marketing Ways Services Ltd. The latest reference is [2016] EWHC 147 in the Commercial Court. The […]

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Adjudication

Thursday, September 8th, 2016

ADJUDICATION – HELP OR HINDRANCE? Adjudication is a feature of many contracts. What does it actually mean? This is a recent referral to us for discussion with a client. What follows is no substitute for legal advice, but it will clarify the subject for our readers. Judge Wilcox referred to adjudication as a robust and […]

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KNOWLEDGE TRANSFER IN CONTRACTS

Tuesday, July 12th, 2016

  WHAT KNOWLEDGE AND TO WHO???? In our experience there are two business situations where a client organisation asks for a transfer of our knowledge. The first concerns IT systems implementation. The second is the provision of specialist consultancy services. It is the latter upon which we will focus. We always agree that we will […]

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