Monthly Archives: September 2016

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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