Legal Precedents

Note This precedent is a defendant Part 36 offer letter and does not encompass CPR 36 provisions directed at fixed costs cases. For details on Part 36 offers in fixed costs matters, see Practice Notes: Part 36 offers—fixed costs (position prior to 1 October 2023) and Part 36 offers—fixed costs (position on or after 1 October 2023). [ insert name and address of claimant or claimant’s legal representative ] [ insert date ] Without prejudice—save as to costs Dear [ insert organisation name ] [ Pre-action ] Part 36 offer [ Claimant v Defendant— Case number ] We refer to the above [ potential ] matter and confirm we act for [ insert name of your client ]. Our client considers your client’s case to be without merit, but because [ insert explanation as appropriate ] we are instructed to advance an offer under Part 36 of the CPR (the ‘...

Note: This template is a claimant Part 36 offer letter; it does not deal with CPR 36 provisions that apply specifically to fixed costs matters. For guidance on Part 36 offers in fixed costs cases, see Practice Notes: Part 36 offers—fixed costs (position prior to 1 October 2023) and Part 36 offers—fixed costs (position on or after 1 October 2023). [ insert name and address of the defendant or their legal representative ] [ insert date ] Without prejudice—save as to costs Dear [ insert organisation name ] [ Pre-action ] Part 36 offer [ Claimant v Defendant— Case number ] We write in relation to the above [ potential ] matter, in which we represent [ insert name of your client ]. [ Our client remains confident that it is entitled to [ insert brief nature/details of dispute ], but as [ insert...

Special Conditions: Amendments to the General Conditions of Contract of the Institution of Chemical Engineers ( IChem E) Form of Contract— Lump Sum Contracts, the Red Book, fifth edition (2013) Special Conditions The General Conditions in the IChem E Red Book, fifth edition (2013) shall apply as altered below: Agreement Paragraph 8: remove ‘6.3’. Paragraph 14: after ‘fax number’ include: ‘or email address’. Add ‘ Email Address’ to the contact details for both the Purchaser and the Contractor. Paragraph 16: delete the paragraph and replace with ‘ Not used’. 1. Definitions, interpretation, waiver and Notices Sub-clause 1.1 Within the definition of Cost, insert ‘, reasonably and necessarily’ immediately after ‘properly’. Within the definition of Legislation, add at the end: (including Acts of Parliament and subordinate instruments; orders; rules and/or regulations made thereunder; and/or the rules; regulations and/or bye-laws made by any body of...

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 [ insert date of Agreement ] Parties [ insert name of Employer ] whose address is [ insert address ] [ incorporated in England and Wales with company registration number ] [ insert company registration number ] (the ' Employer') [ insert name of Contractor ] whose address is [ insert address ] [ incorporated in England and Wales with company registration number ] [ insert company registration number ] (the ' Contractor') [ insert name of firm ] whose address is [ insert address ] [ a limited liability partnership ] (the ' Escrow Holder') Whereas The Employer [ has entered into OR intends to enter into ] an agreement with the Contractor to undertake the [ design and ] construction of [ insert brief description of the project ] at [ insert location of site ] (the ' Building...

Date [ insert date of Agreement ] Parties [ insert name of Employer ] of [ insert address ], a company registered in England and Wales under number [ insert company registration number ] (the ' Employer') [ insert name of Contractor ] of [ insert address ], a company registered in England and Wales under number [ insert company registration number ] (the ' Contractor') Whereas The Employer and the Contractor have concluded a contract for the [ design and ] construction of a [ insert brief description of the project ] at [ insert location of site ] (the ' Building Contract'). [ There has been a delay to the progress of the works under the Building Contract OR The Employer has increased the scope of works under the Building Contract OR The Employer wishes to shorten the period for the...

Date [ insert date ] 20[ insert year ] Parties [ insert name of Consultant ] ( Company Number [ insert company number ]), with its registered office at [ insert address ] (the ‘ Consultant ’); [ insert name of Employer ] ( Company Number [ insert company number ]), with its registered office at [ insert address ] (the ‘ Beneficiary ’, this term to include successors in title and any permitted assigns); and [ insert name of Contractor ] ( Company Number [ insert company number ]), with its registered office at [ insert address ] (the ‘ Contractor ’). Recitals ( A) The Beneficiary has engaged the Consultant pursuant to an appointment dated [ insert date ] (the ‘ Appointment ’) to deliver [ insert details of the services ] services (the ‘ Services ’) for [ insert...

1 Interest on late payment If a party does not make payment in accordance with this Agreement, the other party may claim, in addition to any sum that ought properly to have been settled, and recover, [ simple OR compound ] interest on that sum (accruing on a daily basis from the final date for payment until the date payment is in fact made, whether before or after judgment). Such interest will be computed at a rate of [ insert figure ]% per annum above the [ insert name of financial institution eg Bank of England ] base rate then prevailing at the time the amount immediately became overdue under this Agreement. [ The parties agree that the provisions of this clause constitute a substantial remedy for the purposes of section 9(1) of the Late Payment of Commercial Debts ( Interest) Act 1998. ]......

This Agreement is entered into on the [ insert date ] day of [ insert month ] 20[ insert year ] Parties [ insert name of party ], being a company registered in [ England and Wales ] under number [ insert registered number ], with its registered office at [ insert address ] ( Consultant ); and [ insert name of party ], a company incorporated in [ England and Wales ] under number [ insert registered number ], whose registered office is located at [ insert address ] ( Beneficiary ). ......

[ contact’s name, position and department ] [ name of company ] [ address ] [ Your reference ] [ Our reference ] Dear [ insert contact name ] [ title and date of agreement and names of parties ] (the ‘ Agreement’): Outstanding debt We write in connection with our [ [ invoice reference [ insert reference ] ] OR [ application for payment dated [ insert date ] ] ] [ and our correspondence to you dated [ insert date(s) ] ]......

This deed of novation is entered into on the [ insert day ] day of [ insert month ] 20[ insert year ] Parties [ insert name of company ] (in administration) ( Company Registration No. [ insert number ]) with its registered office at [ insert address ] (the ‘ Original Contractor’), acting through its [ joint ] [ Administrator OR Administrators ], [ insert name of [ Administrator OR Administrators ] ] (each being an administrator and together the joint administrators) of [ insert name and address of firm ] (the [ ‘ Administrator’ OR ‘ Administrators’ ]) [ insert name of contractor ] ( Company Registration No. [ insert number ]) with its registered office at [ insert address ] (the ‘ New Contractor’) [ insert name of employer ] ( Company Registration No. ......

[ insert address of recipient ] Date: [ insert date ] Dear [ insert name of prospective/proposed contractor ], [ insert project name ] 1 We write with reference to our Invitation to Tender dated [ insert date ] [ and your selection as preferred bidder ] concerning [ insert description of the project ] (the Project). In consideration of our disclosure of Confidential Information to you and your representatives [ and the payment to us of the sum of £1, receipt of which is acknowledged ] in connection with the Project, you (for yourself and on behalf of your representatives) agree to the terms set out in this letter......

ARCHIVED: This Precedent is no longer active and receives no updates. Stop press: The NEC4 contract suite was released in June 2017...

ARCHIVED: This Precedent has been archived and is not maintained. The Contract consists of the completed JCT Intermediate Building Contract 2011 (as modified by Amendment 1: CDM Regulations 2015) and is subject to the following changes: RECITALS Sixth Recital: delete and replace with: ‘ The Contractor has supplied the Architect/ Contract Administrator with a master programme and a Schedule of Information Requirements.’ ARTICLES Article 6: at the end add, ‘ The Contract Sum includes the Contractor’s price for fulfilling the duties of Principal Contractor’. Article 8 ( Arbitration): delete Article 8 and substitute, ‘ All references to arbitration in this Contract are deleted’. Article 10: insert a new Article 10 [to appear on the face of the contract] — Schedule of Amendments: the Employer and the Contractor agree that the amendments in the attached, initialled Schedule of Amendments are...

Notice of intention to terminate [ To ] [ Date ] Sent via [ Email, Fax and First- Class Pre- Paid Post ] Dear [ insert name of contractor/sub-contractor ] Agreement between [ insert name ] and [ insert name ] concerning [ insert description of works ] at [ insert address ] dated [ insert date ] [with order number OR reference number] [ insert any applicable contractor order......

Termination notice [ To ] [ Date ] Via [ Email, Fax and First Class Pre- Paid Post ] Dear [ insert name of contractor/sub-contractor ] Agreement between [ insert name ] and [ insert name ] concerning [ insert description of works ] at [ insert address ] dated [ insert address ] [ stating order number OR reference number ] [ insert any applicable contract order number or reference number ] OR (‘the Contract’) Termination Notice [ In accordance with......

ARCHIVED: This Precedent is archived and no longer being maintained...

ARCHIVED: This Precedent is archived and no longer being maintained...

ARCHIVED: This Precedent is archived and no longer under maintenance...

ARCHIVED: This Precedent is archived and no longer maintained. STOP PRESS: From 24 February 2025, the key provisions of the Procurement Act 2023 ( PA 2023) take effect. Any procurement launched on or after that date must proceed under PA 2023, while procedures commenced under the earlier legislation—the Public Contracts Regulations 2015 ( PCR 2015), the Utilities Contracts Regulations 2016, the Concession Regulations 2016, and the Defence and Security Public Contracts Regulations 2011—must continue to be run and managed in accordance with those regimes. See Practice Note: Introduction to the Procurement Act 2023— PA 2023......