What does Programme mean? In construction practice, a programme is the contractor’s time schedule for delivering the works, showing the sequence, durations and logic of activities, key dates/milestones, interfaces, procurement, and testing/commissioning. It is commonly presented as a Gantt-style timeline and identifies the critical path and float. Programmes are usually prepared at tender or project start (baseline) and updated regularly. “Programme” is not defined by statute; it is a contractual/project-management term whose legal effect depends on the contract. Its practical and legal significance includes planning completion, evidencing and assessing extensions of time, compensation events/variations, delay and disruption claims, prolongation costs, and exposure to liquidated damages. Treatment...
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The programme sits at the heart of every construction scheme. It enables the contractor to arrange the job and map out how the works will be executed. It likewise allows the employer and Contract administrator to track progress, gauge the contractor’s output and evaluate delay. So, what duties do the parties have concerning the programme? Broadly, save where the construction contract provides to the contrary, the contractor may schedule the works and execute them in whatever sequence it considers appropriate, with the employer having limited sway over the order and tasks. In GLC v Cleveland Bridge and Engineering (1984) 34 BLR 50 (not available in LexisNexis®), the court observed that a contractor is generally entitled to 'plan and perform the work as he pleases, provided always that he finishes it by the time fixed in the contract'. Absent express terms in the contract, the employer has no remedy if the contractor fails to advance the works at a reasonable pace...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...