Preliminaries Definition

GLOSSARY

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What does Preliminaries mean?

The section of the bills of quantities that summarises the terms of the construction contract and the general services to be provided by the contractor. Often referred to as ‘prelims’. Will include items such as office overheads, temporary works, telephone and electricity and removal of rubbish.

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Preparing a building contract for signature—checklist

Preparing a building contract for signature—checklist This Checklist can be used when preparing a building contract for signature. It is designed to help avoid errors when preparing or checking construction documents before they are signed by the parties and completed. • Consistency with other documents From the outset, liaise with the member of the professional team responsible for preparing contract documents such as Preliminaries and Employer’s Requirements to ensure that these are consistent with the schedule of amendments and accurately reflect the intentions of the parties. For more on drafting a building contract, see: Drafting a building contract/schedule of amendments—checklist. • Details of the parties Include full details for all contracting parties—the full company name and address, plus the registered company number (if any) as company names may change in future. Confirm the details are correct at Companies House (if applicable). • Contract Particulars Review the Contract Particulars (where a JCT contract is being used), or Contract Data (where an NEC contract is used), or other relevant contract details section...

�ձ��ʷ�—c��𳦰��

�ձ��ʷ�—c��𳦰�� This checklist gives an overview of the steps to take and issues to consider when the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246 apply to a business sale or service provision change. It also highlights relevant Practice Notes and Precedent materials. It is not aimed at clients but may be adapted for that audience. • Legal background ◦ For an outline of the effect and requirements of TUPE 2006 generally, see TUPE and asset purchases—overview • Obtain essential information ◦ Prepare lists of employees and of contact names and telephone numbers for (where relevant) union officials and/or employee representatives ◦ Identify precisely what is being transferred or contracted-out (it may be a business or part of a business or an economic activity) and how this will be defined in the relevant documentation. See Practice Notes: TUPE—business transfers and TUPE—service provision changes—Service provision changes defined. This is particularly important where only part of a business is being transferred ◦ Identify who will be transferring the...

The definition of marriage

The definition of marriage This Practice Note looks at how marriage is defined in law, including the marriage of same-sex couples. It also considers case law on the capacity to marry and in relation to the formalities of marriage. The statutory provisions in relation to marriage are largely contained the Marriage Act 1949 (MA 1949) and the Marriage Act 1994 (MA 1994). This Practice Note considers both the formalities for a valid marriage and capacity to marry. The Marriage and Civil Partnership (Minimum Age) Act 2022 (MCP(MA)A 2022), which is in force from 27 February 2023 amends MA 1949 by increasing the minimum age for marriage from 16 to 18, bringing an end to provisions allowing for 16–17-year-olds to marry with parental or judicial consent (see: LNB News 10/08/2022 22). General principles The definition of marriage has been considered in cases relating to capacity to marry. In Re SK (vulnerable adult capacity), Wood J considered an application by a local authority for, inter alia, a declaration that...

Partners applying for entry clearance under Appendix FM: eligibility table

Partners applying for entry clearance under Appendix FM: eligibility table FORTHCOMING DEVELOPMENTS: On 4 December 2023, the previous Conservative Home Secretary, James Cleverly MP, announced a series of measures with the intention of reducing legal migration to the UK. The measures included, in relation to 'five-year route' Appendix fm applications, the increase of the standard required minimum income threshold from £18,600 to £29,000 for initial applications in Spring 2024. This rise was introduced via changes to the Immigration Rules, from 11 April 2024. There were then to be two additional rises in due course, but the new Labour Home Secretary Yvette Cooper MP announced on 30 July 2024 that the Migration Advisory Committee was to be commissioned to review these financial requirements, and any further rises would not proceed until then. For further information, see Practice Note: Immigration calendar. This Practice Note sets out the requirements for an application for entry clearance as the fiancé(e), proposed civil partner, spouse, civil partner or unmarried partner...

Discover our 40 Practice Notes on Preliminaries

JCT Management Works Contract 2016—Form of Agreement and Amendments

JCT Management Works Contract 2016—Form of Agreement and Amendments Agreement in relation to [insert brief details of the works/project] at [insert address of works] (incorporating (inter alia) the JCT Management Works Contract Agreement 2016 (MCWC/A 2016) and JCT Management Works Contract Conditions 2016 (MCWC/C 2016) as modified and supplemented in the manner indicated in this Agreement and the Schedules hereto). This Agreement is made on the [insert number] day of [insert month] 20[insert year]. Parties 1 [insert name of the Management Contractor] (company registration number [insert number]) whose registered office is situated at [insert address of the Management Contractor] (‘the Management Contractor’); 2 [insert name of the Works Contractor] (company registration number [insert number]) whose registered office is situated at [insert address of the Works Contractor] (‘the Works Contractor’). Now it is agreed that: 1 Interpretation In this Agreement words and expressions shall have the meanings that are respectively assigned to them in the JCT MCWC/A 2016 and the JCT MCWC/C 2016, referred to in and...

Witness statement in support of a without notice application for a prohibitory interim injunction

Witness statement in support of a without notice application for a prohibitory interim injunction Filed on behalf of the Claimant Witness statement of [insert initial and surname of witness] Number of witness statement: [insert number of witness statement in relation to the witness] Exhibit details: [insert initials and number of each exhibit referred to] Date on which the statement was made: [insert date] [Date of translation: [insert date]] Claim No. [insert claim number] [IN THE HIGH COURT OF JUSTICE [BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location]] ] [Specify division] [Specify specialist court] [Insert location] DISTRICT REGISTRY OR THE COUNTY COURT AT [insert location] [[BUSINESS AND PROPERTY COURTS LIST]] ] IN THE INTENDED ACTION between: [insert name] Intended Claimant/Applicant and [insert name] Intended Defendant/Respondent _______________________________________ [NUMBER OF WITNESS STATEMENT EG FIRST] witness statement of [insert name of witness] On behalf of the intended claimant/applicant _______________________________________ I, [insert full name of witness] of [insert professional address], will say AS FOLLOWS:...

Dive into our 24 Precedents related to Preliminaries

How are head office overheads and loss of profit assessed as part of a contractor's claim for loss and expense?

How are head office overheads and loss of profit assessed as part of a contractor's claim for loss and expense? What is a claim for loss and expense? Under a construction contract, a contractor will usually be entitled to claim loss and expense where it suffers delay or disruption to the progress of the works, due either to matters within the employer's control or to breaches of contract by the employer. Claims for loss and expense are commonly brought under various different headings (see Practice Notes: Loss and expense and Loss and expense claims—practical tips), two of which will usually be a contractor's claim for overheads (also known as prolongation costs) and for loss of profit. On what basis can a claim be brought? Contractors often believe that an entitlement to claim overheads and loss of profit (as well as other heads of loss and expense) automatically follows from an entitlement to an extension of time. This is not usually the case and each claim must...

How far does the claimant have to go to prove the second element in terms of proof of access?

How far does the claimant have to go to prove the second element in terms of proof of access? In a claim for copyright infringement two elements must be present: • sufficient objective similarity between the infringing work and the copyright work, and • the copyright work must be the source from which the infringing work is derived. For the purposes of this Q&A we have limited our research to cover the elements that make up copyright infringement. The Court of Appeal in Baigent & Leigh v The Random House Group Ltd, (per Mummery LJ) set out a non-exhaustive list of issues which are likely to require consideration in a typical literary copyright case. This included: ‘(2) …What access, direct or indirect, did the author of the alleged infringing work have to the original copyright work? Unless there was some evidence from which access can be directly proved or properly inferred, it will not be possible to establish a causal connection between the two works, which...

See the 3 Q&As about Preliminaries

No preliminary issue limitation trial in the phone hacking litigation (Various Claimants v News Group Newspapers Ltd)

Dispute Resolution analysis: Mr Justice Fancourt has refused to vacate the trial of 42 phone hacking claims in early 2025 in order instead to have a preliminary trial of a limitation issue in a handful of those claims. The advantages of having the preliminary issue determined in those claims was outweighed by the costs associated with the loss of the trial listing. Written by Phillip Patterson, barrister, Gatehouse Chambers.

Construction weekly highlights—30 November 2023

This week's edition of Construction weekly highlights includes the publication of the Building Safety Regulator’s strategic plan for the years 2023–2026, publication of a reprinted ‘Emerald Book’, together with a new contract guide, by the International Federation of Consulting Engineers (FIDIC), a case in which the Technology and Construction Court (TCC) considered whether a purported re-assignment of the benefit of a subcontract was effective (MW High Tech Projects v Outotec) and the introduction of the Arbitration Bill to Parliament.

Read the latest 37 News articles on Preliminaries

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