Contract: The age of reason

Herbert Smith Freehills LLP | Procurement & Outsourcing Journal | September/October 2016 #32
Sarah Boland considers a recent ruling on the UCTA unreasonableness test ‘It is not necessary for the full suite of a party’s standard written terms and conditions to be incorporated into a contract before the Unfair Contract Terms Act 1977 (UCTA) will apply.’The High Court has found that the requirement of reasonableness imposed by the …

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Changes To The Construction Act: Payment, adjudication and suspension

Cobbetts LLP | Property Law Journal | April 2012 #288
Jack Cantwell and Amy Gregory review the amendments brought about by the Local Democracy, Economic Development and Construction Act ‘The New Act has brought about a major change to construction contracts by repealing the entirety of s107 of the Old Act. This section previously stated that a construction contract must be evidenced in writing.’ The …

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Construction Focus: Wheels of confusion

Boyes Turner | Property Law Journal | June 2011 #272
John Starr reviews the current state of play on Tolent clauses as well as a case concerning the calculation of an architect’s fees ‘A drafting anomaly after seven years of consultation is surprising, to say the least, and, unless there is some attempt at redrafting before the Act comes into force, there is going to …

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