Construction analysis: The court held, in the context of a LOGIC sub-contract, that the effect of a subsequent memorandum of understanding (MoU) was that there was no binding ready for sail away (RfSA) date to trigger liquidated damages, that the approval of invoices by the contractor did not amount to an estoppel and that the sub-contractor was not entitled under the terms of the MoU to recover certain sums (nor could it rely on an estoppel in this regard either).
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Defective Premises Act—work in relation to dwellingsUnder the Defective Premises Act 1972 (DPA 1972), a person who takes on work:•for, or in connection with, the provision of a dwelling (DPA 1972, s 1(1)), or•in relation to any part of a ‘relevant building’, which is a building containing one or
Escrow accounts and escrow agreementsThis Practice Note examines why parties involved in a construction project may enter into an escrow agreement (or escrow deed) to set up an escrow account. It looks at the benefits of paying funds into escrow, how an escrow account operates and the provisions
What is a variation on a construction project?A variation (sometimes referred to as a change) is an alteration to the scope of work originally specified in the contract, whether by way of an addition, omission, or substitution to the works, or through a change to the manner in which the works are to
What is the difference between termination, determination and a voided contract?In respect of commercial contracts, under English law there is no significant difference between the terms ‘termination’ and ‘determination’.A contract can be terminated or determined where a party to a contract conducts
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