Plant and Materials meaning

This flowchart sets out the process under the FIDIC Red, Yellow and Silver Books, 1999 editions, for defects under: clause 7.5, where Plant, Materials, design or workmanship are discovered to be faulty or otherwise non-compliant with the Contract, and the Employer rejects the relevant Plant, Materials, design or workmanship clause 7.6, when the Employer directs the Contractor to strip out and substitute any non-compliant Plant or Materials, to take out and reperform any other work that does not meet the Contract, or to carry out any work urgently needed to protect the safety of the Works clause 11.1, under which the Contractor must perform all tasks necessary to make good defects or damage, as notified by the Employer on or before the end of the Defects Notification Period clause 12.3, if a Test after Completion is not passed, and clause 11.1(b) concerning the rectification of defects applies (Yellow and Silver Books only) For further details, see Practice Note: FIDIC Contracts (pre–2017...

This flowchart sets out the process under the FIDIC Red, Yellow and Silver Books, 2017 editions, for defects under: clause 7.5, when any Plant, Materials, design or workmanship is defective or otherwise not in accordance with the Contract, the Employer rejects the affected item and the Engineer (or, under the Silver Book, the Employer) instructs remedial works clause 7.6, where the Employer directs the Contractor to remove and replace non-compliant Plant or Materials, remove and re-execute other non-conforming work, or undertake urgent tasks required for the safety of the Works clause 11.1, under which the Contractor must carry out all work needed to rectify defects or damage, as notified by the Employer on or before the expiry of the Defects Notification Period clause 12.3, if a Test after Completion is not passed, with clause 11.1(b) on remedying defects applying (Yellow and Silver Books only) For more information, see Practice Note: FIDIC Contracts 2017—defects...

In this issue: Brexit highlights Brexit SIs Post-Brexit transition guidance Public procurement Constitutional and administrative law Judicial review Equality and human rights State security and intelligence Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Brexit highlights NIO publishes Terms of Reference for Independent Review of Windsor Framework The Northern Ireland Office has released the Terms of Reference for an Independent Review of the Windsor Framework, as required by Schedule 6A to the Northern Ireland Act 1998. Initiated after a consent motion cleared the Northern Ireland Assembly without cross-community endorsement, the review will consider how the Framework is working and its influence on social, economic and political life in Northern Ireland. It is consistent with undertakings in the October 2019 Unilateral Declaration and the January 2024 Safeguarding the Union Command Paper. The resulting findings will be submitted to the UK Government, supplying vital...

In this issue: Governance Planning Social housing Children’s social care Social care Healthcare Education Environmental law and climate change Local government finance Daily and weekly news alerts New and updated content Governance Equality Act 2010 provisions refer to biological sex, regardless of gender recognition certificate (For Women Scotland v Scottish Ministers) The Supreme Court ruled that, within the Equality Act 2010 (EqA 2010), the words ‘man’, ‘woman’ and ‘sex’ denote biological sex. Treating the relevant provisions as embracing ‘certificated sex’ by virtue of a gender recognition certificate (GRC) would render them incoherent and unworkable, and thus cannot be done. For sex discrimination claims, an individual has the protected characteristic of biological sex only. The relevant parts of the EqA 2010 fall within section 9(3) of the Gender Recognition Act 2004 (GRA 2004), and so displace the section 9(1) rule that a person with a GRC is, for all purposes, of the acquired...

In this issue Trade marks/passing off Copyright and related rights Patents General intellectual property News alerts, daily and weekly Fresh and revised content Key dates for your diary Trackers Latest Q and A Useful information Trade marks/passing off Supreme Court finds directors need not account for profits following trade mark infringement (Lifestyle Equities v Ahmed) In Lifestyle Equities v Ahmed [2024] UKSC 17, the Supreme Court unanimously dismissed Lifestyle Equities’ appeal. It decided the defendant company directors, the Ahmeds, were not liable for procuring Lifestyle’s trade mark infringements, nor under a common design, because they lacked knowledge of the essential facts that made the use of the signs in question, by the company of which they were directors, wrongful. The Court further held the Ahmeds could not be ordered to account for profits made by the company and, on the facts found, had not personally gained from the infringements. Commentary is provided by...

This Practice Note reviews the Conditions of Contract for Plant and Design Build 1999 (widely known as the FIDIC Yellow Book 1999) and the Conditions of Contract for EPC/Turnkey Projects 1999 (the FIDIC Silver Book 1999). Both are intended for scenarios where the Contractor, rather than the Employer, undertakes the design of the Works, but there are important differences, which are outlined in this Practice Note and considered at a high level. For deeper analysis of each form, see Practice Notes: FIDIC contracts—introduction to the Yellow Book 1999 and FIDIC contracts—introduction to the Silver Book 1999 for background and context. New editions of the Yellow and Silver Books were issued in December 2017. For more information, refer to Practice Note: FIDIC contracts 2017—what’s changed? [Archived]. These materials provide helpful orientation too. What types of projects are the contracts suitable for? Although both contracts envisage the Contractor being responsible for carrying out all, or the vast majority, of the design, and both are fixed price 'lump sum' contracts, that...

Practice Note This Practice Note monitors and distils EU regulatory law, guidance and wider policy activity across the agriculture and food arena. Specifically, it captures every open, concluded and forthcoming consultation, evaluation and proposal linked to guidance, code of practice and legislation in the agriculture and food sphere. Priority files include overhauls of the EU Geographical Indications regime for wine, spirits and agricultural products; updates to EU marketing standards for agricultural products; changes to the EU Food Information to Consumers (FIC) Regulation; and a review of promotion policy for EU agri-food products. It further tracks Court of Justice matters relevant to agriculture and food. EU food policy seeks to deliver robust food safety and strong animal and plant health across the EU. Through the Common Agricultural Policy (CAP), agricultural policy likewise supports food safety, affordable food for EU citizens, fair incomes for farmers and the sustainable stewardship of natural resources. For more detail on EU food law and the CAP, consult Practice Notes: Introduction to...

This Practice Note offers practical guidance on export controls within the framework of the WTO’s General Agreement on Tariffs and Trade. It sets out the three exceptions that permit the use of export controls: Prohibition on Quantitative Restrictions General Exception Security Exception What are export controls? Export controls are laws or regulations applied to a wide range of goods. They typically cover certain commodities, software, technology and weapons, and can also apply to food, live animals and plants, products derived from plants and animals, and medicines. The degree of control varies: Some exports are completely prohibited Others may proceed only within specified quantity limits Certain products require prior authorisation, such as an export permit or licence The goods affected and the mechanisms used differ between countries; therefore, domestic legislation must be consulted to understand the applicable export control regime...

Letter for sub-contractor to send to employer in the event of main contractor insolvency [ [ Sub-contractor’s headed notepaper ] OR [ Sub-contractor’s address ] ] [ contact name, job title and department ] [ name of employer company ] [ address ] Dear [ contact name ] [ name of project ]—[ name of main contractor ]—Insolvency We believe that [ name of main contractor ] [ has entered into administration OR is in liquidation OR has commenced a moratorium OR other ] ....

Special Conditions The General Conditions in the MF/1 Model Form of Contract for the design, supply and installation of electrical, electronic and mechanical plant, 2014 edition (rev 6), shall apply as amended below under Clause 1.1 Definitions and interpretations: 1.1.d Remove the definition of ‘Contract’ and replace it with: ‘Contract’ means the Agreement and the other documents identified in the Agreement as forming the contract. 1.1.f Within the definition of Contract Value, delete the words ‘other than under sub-clause 6.2 (Labour materials and transport),’. 1.1.y Omit the definition of ‘Purchaser’ and insert: ‘Purchaser’ means the person named as Purchaser in the Agreement and all permitted assignees or transferees under the Contract. 1.1.gg In the definition of Sub-Contractor, delete the phrase ‘with the consent of the Engineer’...

Date [ _______________________________ ] Parties [ Insert Employer ] (company registration number [ insert number ]) of [ insert registered office address ] (the 'Employer'); and [ Insert Contractor ] (company registration number [ insert number ]) of [ insert registered office address ] (the 'Contractor'). Recitals Under an agreement dated [ insert date ] (the 'Contract'), the Employer has engaged the Contractor to perform [ insert brief description of the works ] (the 'Works') in relation to [ insert brief description of the project ] (the 'Project'). In return for the Employer agreeing to pay the Contractor for the plant and/or materials set out in the Schedule to this Deed (the 'Plant/Materials') before delivery to site and/or before they are incorporated into the Works, the Contractor agrees to enter into this Deed. This Deed is made as a supplement to the Contract...