Monthly Archives: June 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 […]

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 […]

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 […]

  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 […]

BREXIT – PROCUREMENT IMPLICATIONS We are all sated with Brexit and Remain. The whole process hasn’t lacked media exposure. We haven’t seen anything aimed at the impact the final decision will have on procurement. Let us assume the verdict is to leave the EU. There is an argument that this will rid procurement of the […]

LETTERS OF INTENT THE FIVE GOLDEN RULES There are 5 golden rules for Letters of Intent (LOI)! Only permit their use in exceptional circumstances Prescribe who has the authority and accountability to issue them Set a financial limit that must not be exceeded by the contractor Define what has been agreed (and not agreed) at […]

‘Termination for Convenience’ provision is a contract clause allowing one party to unilaterally terminate a contract even in the absence of the other party’s breach. This contract provision is increasingly included in Council contracts, largely because there may be occasions when central government decide that some services will no longer be provided. There may be […]