Warranted interference

Article Abstract:

Collateral warranties will no longer be needed in contract documentation in England and Wales as a result of the Contracts (Rights of Third Parties) Bill. It will be possible for third parties to bring actions for breach of contract as if they had been a party to the contract. There is also provision for the standard 'original contract' defence inserted by contractors and consultants into warranties. This allows them to restrict their liability where they can show an appropriate exclusion or limitation under the original contract or appointment.

Column

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Drafting PFI documents

Article Abstract:

Private finance initiative (PFI) contract documents required a combination of legal and other disciplines in their drafting, and this can often lead to misunderstandings relating to concepts used in construction projects and those used in outsourcing and services management contracts. 'Practical completion' is just part of a broader concept of availability in PFI contracts, and a project-specific definition of 'availability' is required, separate from practical completion concepts.

Construction

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Reasonable precautions

Article Abstract:

A contract form for services involving facilities management published by the United Kingdom government is discussed. Particular attention is given to the form's adjudication clause, and its options regarding procedures applicable in case of contractors' inadequate conduct.

Form of contract

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