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Within a JCT contract, the Agreement, Recitals, Articles and Contract Particulars at the outset record the project-specific particulars of the works to be undertaken. It is crucial these sections are completed in full and accurately, to prevent uncertainty and disagreements over the scope. This Checklist offers practical steps for filling in those particulars, with links to pertinent Practice Notes that explain each area in depth. It is intended for users who are relatively new to JCT contracting. Commonly, an employer asks the architect/contract administrator or another consultant to draft the particulars at the outset, then has its lawyer review the contract prior to execution. Alternatively, a lawyer may complete all entries, but will require the client’s or consultants’ input on the information to include. The Checklist can serve as a reference when preparing or verifying the particulars. Accurate completion from the outset reduces ambiguity about what is required and helps prevent disputes. It also serves as reference when checking particulars. Guidance here shows how to complete required information, supported by...
This Checklist outlines the key matters a tenant should weigh up if the landlord becomes insolvent. A tenant must continue to fulfil its obligations under the lease, and should promptly contact the insolvency practitioner, as the tenant will need the information set out below. Swift contact is important because guidance on payments and other particulars will be required. Who should rent be paid to? Rent must still be paid in line with the lease. Where the landlord is in administration, liquidation or bankruptcy, or a receiver has been appointed over the property, payment should be made to the administrator, liquidator, trustee in bankruptcy or receiver, as applicable. Under a company voluntary arrangement (CVA), rent may instead be due to the CVA supervisor, subject to the CVA terms. The insolvency practitioner will usually serve notice on the tenant confirming where rent must be sent. Is the landlord holding a rent deposit? You should consider whether the rent deposit deed has been drafted so the deposit is held...
Banking & Finance—August and September 2025 case round-up LLC Eurochem North-West-2 and another company v Societe Generale S.A. and other companies [2025] EWHC 1938 (Comm) Ralli Bros principle—‘place of performance’—on-demand bonds—sanctions The High Court examined application of the Ralli Bros principle to on-demand bonds. Under that principle, an English law governed contract is unenforceable if performance would contravene the law of the place where it must be carried out. The banks argued that EU asset-freezing provisions in EU Regulation 269/2014 prevented payments under certain on-demand bonds. On the facts, the court held the Ralli Bros principle did apply. The judgment considers what counts as the ‘place of performance’ for on-demand bonds. The claimants said Russia, relying chiefly on the rule that ‘the debtor must follow the creditor’: where no place of payment is stated, payment is due where the creditor is based. As EuroChem sought payment to a Russian account, they argued Russia was the ‘place of performance’...
Banking & Finance—December 2025 and January 2026 case round-up Skyros Maritime Corp and another company v Hapag-Lloyd AG ‘Skyros’ & ‘Agios Minas’ [2025] EWCA Civ 1529 Shipping finance—charterparty damages for late redelivery of vessels The Court of Appeal allowed the owners’ appeal from the Commercial Court concerning damages arising from the delayed redelivery of time‑chartered container ships. The vessels, ‘SKYROS’ and ‘AGIOS MINAS’, were returned late in breach of the charterparties by Hapag‑Lloyd, after the owners had already arranged to sell them. The central question was whether the owners could obtain substantial damages—calculated as the gap between market and charter rates—for the overrun period even though they had no plan to re‑fix the ships. The Court of Appeal confirmed they could. Applying the settled maritime principle, damages for late redelivery are assessed by reference to the market rate, irrespective of whether the owner would, in fact, have gone back into the market to secure a new fixture. When quantifying loss, the owners’ post‑redelivery plans were...
Restructuring & Insolvency weekly highlights—18 December 2025 In this issue: Corporate insolvency processes Personal insolvency Restructuring Directors and insolvency Insolvency litigation Property insolvency Tax and insolvency Daily and weekly news alerts Key dates for restructuring and insolvency professionals New content Restructuring & Insolvency Highlights 2025/2026 Corporate insolvency processes Judgment Alert: Perhar v Freestone [2025] EWHC 3284 (Ch) The Chancery Division refused an application contesting the administrators’ appointments. The applicant, a director of Sustainable Bathroom Company Ltd, had secured a trade finance facility with Synergy in Trade Ltd (Synergy) to support a substantial order, granting a qualifying floating charge by debenture (the Debenture). Monies due under the order were mistakenly paid into the wrong account and were diverted to meet personal liabilities, instead of first repaying Synergy as required by the contract. After issuing repayment demands by letter and email for £376,291, Synergy proceeded in June 2023 to appoint administrators under paragraph...
When deciding how a deed or contractual agreement should be signed, the execution block to use will vary according to: the type of document (for example, a contract or a deed) who is signing on behalf of the entity (the company itself, an administrator, liquidator, administrative receiver, receiver, nominee or supervisor) Type of document Broadly, documents fall into two groups: agreements/contracts, which require valuable consideration deeds, for which consideration is not needed Deeds are instruments that: state on their face that they are intended to take effect as a deed are properly executed as a deed Because deeds must be executed in the presence of a witness to be binding, they carry a stronger presumption of validity than instruments simply signed by the parties, or those under seal. The witness should ideally be independent (not the party’s solicitor, colleague, spouse, family member, or another party to the deed)...
Conditions precedent in standard form contracts In many construction contracts, a party looking to pursue a claim under the contract must comply with a specified process as prescribed by the terms. Typically, the claiming party is required to serve a particular notice, which may then be followed by a further notice and/or fuller particulars, on the other party and/or the contract administrator, in a set form and meeting stated requirements as to content and layout. Frequently, these notice clauses also include a so‑called ‘time bar’, meaning the notice(s) must be given within a defined period specified by the contract. Where the time bar is expressed as a condition precedent, any failure to follow the contractual steps results in the claiming party losing its right to advance the claim, regardless of how compelling the underlying case might otherwise be, and even where the claim would otherwise be well‑founded. The inclusion of such time‑bar provisions has become increasingly prevalent, and they now feature in some standard form contracts (see Conditions precedent...
Introduction This Practice Note explains how construction contracts are ordinarily managed on projects. It concentrates on the contract administrator’s role and how administration varies with the chosen procurement route and contract form, with particular emphasis on the JCT, NEC ECC and FIDIC suites. What is contract administration? In essence, contract administration is the supervision and tracking of a construction project to ensure successful delivery. It covers both hands-on oversight as the works get under way (eg inspecting the works, monitoring progress and conducting tests) and the handling, issuing and reviewing of the documents required by the contract (including payment notices and the evaluation of claims). In this Practice Note, ‘contract administrator’ is used as a generic label; however, different standard forms adopt different titles for the person performing this function-this is considered further in Who is responsible for the administration of building contracts? A summary of the contract administrator’s tasks appears in What does the contract administrator do? Who is responsible for the administration of building...
This Agreement is made on [ insert day and month ] 20[ insert year ] Parties [ Insert name of company in administration ] (in administration), being a company incorporated in [ England and Wales OR [ insert country of incorporation ] ], with registered number [ insert company number ], and having its registered office at [ insert address ] (the Seller), acting through its [ joint ] Administrator(s) [ Insert name of administrator(s) ] of [ insert name of firm ], whose registered office is at [ insert address of firm ] (the Administrator(s)) [ insert name of purchasing corporate entity ], a company duly incorporated in [ England and Wales OR [ insert country of incorporation ] ], with registered number [ insert company number ], and with its registered office address at [ insert address ] (the Buyer); and each of the Seller Administrator(s) and the Buyer being a Party, and together the Seller Administrator(s) and the Buyer being the...
[ Letter to be printed on company headed paper ] [ Insert name of Company ] SAYE share option scheme (the Scheme) Application form You are invited to apply for a three- or five-year option (the Option) to purchase ordinary shares in [ insert name of Company ] (the Company and the Shares, respectively) in line with the rules of the Scheme. The deadline for returning your Application Form is [ insert closing date ]. If you are not familiar with the Scheme, please refer to the explanatory brochure, which outlines the rules of the Scheme and explains the principal terms of the savings contract prospectus (the Prospectus). Both the explanatory brochure and the Prospectus are [ enclosed OR available on request from [ insert name of administrator ] OR can be viewed online at www.[ insert web address ] ]...
The Contract consists of the finalised SBCC Standard Building Contract with Approximate Quantities (Scotland) 2016, subject to these amendments: RECITALS Fifth Recital Remove the Fifth Recital and replace it with: ‘The Contractor has provided the Architect/Contract Administrator with a master programme and a Schedule of Information Requirements.’ Twelfth Recital Delete the first sentence and substitute: ‘The Contractor has inspected the Site and satisfied himself as to its dimensions, location and other relevant matters, and, where there is a Contractor’s Design Portion, has examined the Employer’s Requirements and is satisfied that the Contractor’s Proposals will meet the Employer’s Requirements, and has agreed to accept responsibility for the entire design contained in the Employer’s Requirements and the Contractor’s Proposals.’ ARTICLES Article 6 At the conclusion of Article 6 add: ‘The Tender Price includes the Contractor’s price for carrying out the duties of Principal Contractor.’ Article 8 Arbitration Delete Article 8 and insert ‘Not used.’ Article 11 Add a new Article...
Clause 2.27.1 of the JCT Standard Building Contract 2011 (SBC) Clause 2.27.1 provides that where it becomes reasonably clear that progress of the Works, or any Section, is delayed or likely to be delayed, the Contractor must at once notify the Architect/Contract Administrator, explaining the material circumstances, including the reasons for the delay, and in that notice point out any occurrence he regards as a Relevant Event... Lexis+® UK practical point: the same wording appears in the Standard Building Contract 2016 (cl 2.27.1) and in the JCT Design and Build Contract 2011/2016 (cl 2.24.1), save that in the design and build forms the addressee ‘Architect/Contract Administrator’ is replaced by the ‘Employer’... Two principal questions arise when deciding whether a notification clause such as SBC clause 2.27.1 has been properly observed: what does the obligation to give notice ‘forthwith’ encompass, and is the contractor obliged to meet this condition? what level of notification/particulars of the ‘material circumstances’ must be provided? ...