British and Irish Legal Information Institute. Democracy Live - Home. EUR-Lex. Bills & legislation. Reviewing Contracts - 10 Key Clauses to Look Out For | Hawkswell Kilvington. As the challenging economic conditions continue to cause problems for the construction industry, construction contracts are becoming increasingly complex and onerous. In this article, we identify 10 of the most important clauses to look out for when reviewing a prospective contract. 1. Conditions Precedent It is extremely important to look out for conditions precedent when reviewing a contract. A requirement to provide specific documentation (e.g. collateral warranties) as a condition precedent to payment.A requirement to give notice within a specified time limit as a condition precedent to an extension of time.A requirement to carry out particular tasks (such as providing O&M manuals) as a condition precedent to practical completion being certified.
Conditions precedent can be difficult to spot because it is not necessary to actually use the words “condition precedent”. 2. 3. 4. 5. Payment terms should always comply with the relevant provisions of the Construction Act (if it applies). Legislation.gov.uk.
Duties of Project Managers, Letters of Intent, Liquidated Damages & Limitations of Liability | Hawkswell Kilvington. Duties of Project Managers, Letters of Intent, Liquidated Damages & Limitations of Liability Does a Project Manager owe a duty to ensure the building contract is executed? Can you deduct LADs if the building contract has not been signed? Can you limit your liability to much less than the amount you are insured for?
The recent case of The Trustees of Ampleforth Abbey Trust v Turner & Townsend Project Management Limited addressed very interesting issues relating to the duties of project managers, the risks of working under a letter of intent and the effect of clauses which limit liability for loss. Background The Trust engaged Turner & Townsend Project Management Limited (“TTPM”) as project managers in relation to 3 phases of construction of student accommodation at Ampleforth College. The Trust engaged Kier Northern to carry out the last phase of the construction works. The parties intended to enter into a JCT 1998 Standard Form of Building Contract With Contractor’s Design. Summary.