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Procurement

Peter Sheridan has been engaged by industry bodies to draft standard forms for both building and engineering projects. He has extensive experience of drafting work from complete building contracts to amendments to standard forms, as well as sub-contracts, professional appointments, bonds, warranties and guarantees and confidentiality agreements. Jonathan Gold has considerable experience in negotiating and drafting project documentation from working in house with Atkins, Galliford Try and Laing O'Rourke.

Reasonable Endeavours, Best Endeavours

When obligations in contracts are drafted, it is often recognised that a particular result cannot be guaranteed.  The parties then may agree to impose an obligation to try to achieve the desired result.  This is often expressed as an obligation to use reasonable endeavours, all reasonable endeavours, or best endeavours.

File size : 35 KB

Author : Peter Sheridan

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NEC3 and Notice of Compensation Event: Subjective and Objective Tests

NEC3 is widely used for civil engineering projects in the UK and is now the only standard form promoted by ICE.  One of its well-known provisions is a time bar relating to compensation events, at clause 61.3.  Under this provision, the contractor is not entitled to a change in the prices, the completion date or a key date, if he does not notify a compensation event within eight weeks of becoming aware of the event, unless the project manager should have notified the event but did not.  The contractor is to notify if he believes the event is a compensation event and the project manager has not notified the event.

File size : 91 KB

Author : Peter Sheridan

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Named Sub Contractors and the JCT Intermediate Building Contract 2011

File size : 45 KB

Author : Jonathan Gold

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Does it all add up - Liability Caps

File size : 33 KB

Author : Jonathan Marvin

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Regularly and Diligently

File size : 34 KB

Author : Michael Draper

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Collateral Warranties

File size : 46 KB

Author : Jane Ryland

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Liability Caps does it all add up

File size : 33 KB

Author : Jonathan Marvin

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Fitness for Purpose under Design and Build Contracts - Trebor v ADT

File size : 59 KB

Author : Jonathan Marvin

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Good Faith and Hot Air

File size : 34 KB

Author : Jonathan Marvin

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NEC Dispute Provisions

NEC contracts have become increasingly popular for civil engineering and PFI projects.  The NEC3 suite of contracts has received the endorsement of the Office of Government Commerce, indicating likely increased public sector use,  Greater use, however, is also likely to mean more potential disputes.

File size : 55 KB

Author : Peter Sheridan and Jonathan Marvin

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Changes in the EU procurement rules

In January 2006 the Directive on the Co-Ordination of Procedures for the Award of Public Works Contracts, Public Supply Contracts and Public Service Contracts, commonly referred to as the Classical Directive,

File size : 187 KB

Author : Jonathan Gold

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Epidemic of disputes arising out of letters of intent

A year ago I wrote an article about two recent cases at that time on letters of intent (ERDC Group Limited v Brunel University [2006] EWHV 687 (TCC) and Cunningham and others v Collett and another [2006] EWHC 1771 (TCC)).

File size : 183 KB

Author : Jonathan Gold

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We do intend to contract with you, and may actually just have

Letters of intent are a necessary evil in the construction industry. Although it would clearly be better for everyone if all of the terms and conditions of the contract were finalised and a formal contract entered into before works.

File size : 185 KB

Author : Jonathan Gold

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