Monthly Archives: September 2012

Parent Company Guarantees

Thursday, September 6th, 2012

Parent Company Guarantees A parent company guarantee (PCG) is a promise to answer a liability being a debt or default of another ….. in construction terms the parent company will be answering the debt or default of a contractor, noting that PCG’s are used in a variety of procurement situations, including outsourcing contracts. The essential […]

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Conditional Bond

Wednesday, September 5th, 2012

Conditional bond A conditional bond is common within the UK construction industry. Such a bond is usually issued by an insurance company, and payment is usually conditional upon the employer who makes the call providing the amount of loss which he has suffered. In practice, therefore, a conditional bond may require litigation before any payment […]

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Empty vessels

Friday, August 31st, 2012

Empty Vessels The problem of inaccurate drafting of contracts is a recurring theme in court cases. In the case of Wuhan Guoyu Logistics Group Co Ltd and Yangzhou Guoya Shipbuilding Co Ltd v Emporiki Bank of Greece SA [2012] EWCH 1715 (Comm) there is another instance of inaccuracy. The contract was for the construction of […]

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The Procurement of Information Technology

Thursday, August 30th, 2012

THE PROCUREMENT OF INFORMATION TECHNOLOGY Introduction Brian Farrington Limited (BFL) have been involved in many IT procurements of varying value and with varying degrees of corporate risk attached to them. There are frequently challenges for IT and Procurement specialists. Not the least of these challenges is the purchase of technology that neither IT nor Procurement […]

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Branson’s Pickle

Wednesday, August 29th, 2012

Branson’s Pickle At the time of going to press it is reported that Virgin Trains have asked for a Judicial Review of the decision to award the InterCity West Coast Franchise to a competitor. The Department of Transport’s procurement actions will be scrutinised and no doubt their Invitation to Tender dated 20 January 2012 will […]

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Apple and Samsung

Tuesday, August 28th, 2012

Apple has won its claim in the USA that Samsung have infringed its Patents. The jury believed the Apple case was more compelling than Samsung’s counter-claim. This could potentially cost Samsung dearly. The fine imposed is $1.05bn.  Apple originally sought compensation of $2.5bn. Samsung is likely to appeal against the decision and may ask for […]

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Conflict of interest

Friday, August 24th, 2012

There have been a number of occasions when we have established contact with solicitor’s practises to consider awarding a contract to represent a client’s interest in a commercial matter. One of the early questions we are asked is, ‘Who is the client and what is the issue?’ This is followed by a request for details […]

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