Costs before a contract

Article Abstract:

Construction contractors are used to carrying out preparatory work for contracts even if they fail to win them and are not normally entitled to recovering expenses. However, in some cases if contractors claim under the law of restitution they may be able to obtain payment for preparatory work even if the prospective employer withdraws from negotiations. In order to claim expenses, the contractor must show that the employer has benefited from the work at the expense of the contractor and that it would be unfair for the employer to use the benefits without paying for them. The restitution procedure is explained.

Restitution

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A clear view of the pitfalls: a new guarantee bond that attempts to introduce clarity of purpose into insurance is not a panacea for all employers

Article Abstract:

The ABI's new Model Form of Guarantee Bond is an attempt to introduce a clear industry standard providing equity to employer, contractor and surety. However the new bond may not suit the commercial purposes of employers as it cannot provide a security that can be readily and quickly realised. An employer should make it clear that the bond will only remain valid long enough to satisfy any claims.

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Measuring true intentions

Article Abstract:

Letters of intent often involve liabilities. True letters of intent are based on the intention that a proper contract will be made in the future. It is not a contract in itself. All documents and conversations must be scrutinised carefully to ascertain the degree of liability. Arbitration agreements must be in written form.

Letters of intent

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