Legal Precedents

ARCHIVED: This Precedent has been archived and is not maintained. STOP PRESS: As of 24 February 2025, the core elements of the Procurement Act 2023 ( PA 2023) take effect. Procurements commenced on or after that day must proceed under PA 2023, while procedures started under the former regime (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 conducted and administered in line with that framework. Refer to Practice Note: Introduction to the Procurement Act 2023— PA 2023......

In 2007, the City of London Law Society ( CLLS) issued a model letter of intent. A copy can be found on the CLLS website. Also note that in 2024 the CLLS released an updated Letter of Intent, incorporating certain corrections to clauses that must be amended, as indicated below for ease of reference only herein......

Reference Date: To: Payment due date: [ Sub- ] Contractor’s Application Reference No: This Notice is issued pursuant to Section 110 of the Housing Grants, Construction and Regeneration Act 1996 and clause(s) [ insert relevant clause in the contract concerning payment notices ] of the contract dated [ insert date of contract ] Below, we confirm the sum paid, or intended to be paid, together with the rationale used to determine that figure in relation to the payment application identified above: Payment amount £ Basis for calculation Detail how the figure has been derived / refer to separate sheets £ Signed: [...

Project Name: Reference/ Works Bundle: Date: To: Payment Notice Date: [ Sub- ] Contractor’s Application Reference Number: [ number ] Dated: [ date ] ARCHIVED: This precedent has been archived and is no longer maintained......

Schedule of amendments to the jct minor works building contract with contractor’s design 2011 (as modified by amendment 1: cdm regulations 2015) ARCHIVED: This Precedent is archived, not maintained. The Contract consists of the Minor Works Building Contract with contractor’s design 2011 issued by the JCT (as modified by Amendment 1: CDM Regulations 2015), and is subject to the amendments set out below: Articles of agreement Article 7 – Arbitration: Delete Article 7 and replace with ‘ All references to arbitration in this Contract are deleted.’ Article 9: After Article 8 insert a new Article 9 as follows: Article 9 [ To be added on the face of the contract ] Schedule of Amendments The Employer and the Contractor agree that the changes in the Schedule of Amendments attached (as initialled by the...

This Agreement is entered into on [ insert date ] (the Commencement Date) by the following (each a party and together the parties): Parties [ insert licensor name ] a company incorporated in [ England and Wales ] whose registered number is [ insert company number ] and whose registered office is at [ insert registered office ] (the Licensor); [ insert licensee name ] a company incorporated in [ England and Wales ] whose registered number is [ insert company number ] and whose registered office is at [ insert registered office ] (the Licensee). Background The Licensor is [ the exclusive proprietor of OR entitled to grant rights in the ] Intellectual Property Rights in the Plans [ (both as defined below) ]. The Licensor wishes to grant a licence of the Intellectual Property Rights in the Plans to the Licensee, and the Licensee wishes to obtain and use them on...

Note: This clause relies on the defined terms already set out in the Lexis+® UK Precedent Property development agreement: ‘ Developer’, ‘ Owner’, ‘ Property’, ‘ Working Day’ and ‘ Works’. Further definitions are provided below. 1 Funder’s step-in rights 1.1 For the purposes of clause 1, ‘ Funder’ denotes any lending institution to whom the Owner grants a charge over its interest in this Agreement or the Property as security for finance that allows the Owner to meet the cost of: acquiring, clearing and preparing the Property; [and] carrying out the Works[.]......

Claimant’s description of documentation requested 1. All communications and correspondence exchanged from 1 January 2015 to 30 December 2020 between the respondent and each of its suppliers, relating to extensions of time for deliveries. Claimant’s position on relevance and materiality The claimant contends that the respondent routinely granted its suppliers additional time for delivery and seized upon the claimant’s single instance of late delivery as a pretext to terminate the Agreement for purely financial motives. These communications, which the respondent ought properly to have retained, would confirm and evidence this. Respondent’s response to the claimant’s requests and reasons The respondent objects to the request on the basis that it seeks an overly broad category of documents, the identification and production of which would be burdensome. It is not a narrow and specific set as required by Article 3(a)(ii) of the IBA Rules. Furthermore, whether other suppliers were...

[ insert name of property ] Executive summary [ insert a general summary of the construction documents/highlight any key areas of concern ] Building contract and related documents Save as noted below, the Building Contract, consultants’ appointments and collateral warranties broadly reflect prevailing market standards, and in particular include the following: a duty to carry out the Works/provide the Services with the reasonable skill and care of a suitably qualified professional or contractor experienced on comparable schemes; a commitment not to specify or use harmful or deleterious materials in the Works; an obligation to grant an irrevocable, royalty‑free copyright licence over all documents and materials created by the Contractor/ Consultants, assignable or transferable to third parties without restriction; a requirement to maintain professional indemnity insurance covering liabilities under the Building Contract/ Appointments (as relevant) at the stated level; a right to assign the...

Crane oversail licence Permitting a tower crane to be used in relation to the Works at [ insert ] This Deed is dated [ date ] and made between: Parties [ insert name of adjoining owner ] (company registration number [ insert ]), with its registered office at [ insert ] (' Adjoining Owner '); [ insert name of adjoining tenant ] (company registration number [ insert ]), whose registered office is at [ insert ] (' Adjoining Tenant '); [ insert name of contractor ] (company registration number [ insert ]), whose registered office is at [ insert ] (' Contractor '); and [ insert name of developer ] (company registration number [ insert ]), whose registered office is at [ insert ] (' Developer '). Recitals The Developer has appointed the Contractor to undertake and complete the Works at the...

Scaffold licence [ to be printed on the Licensor’s letterheaded paper and issued in duplicate ] To: [ insert name of Licensee ] of: [ insert address of Licensee ] Date: [ insert date ] Dear [ insert name of Licensee ] Licence to use scaffolding at [ insert brief description of Licensor’s property ] [ In consideration of one pound (£1) (the receipt of which [ I OR we ] acknowledge) ] [ I OR [ name of Licensor ] ] agree to grant [ name of Licensee ] a licence for scaffolding to be used in connection with its works at [ brief description of Licensee’s site ]......

Schedule of amendments to the jct minor works building contract 2011 (as Modified by Amendment 1: cdm regulations 2015) ARCHIVED: This Precedent has been archived and is not maintained. This Contract comprises the executed JCT Minor Works Building Contract 2011, as varied by Amendment 1 ( CDM Regulations 2015), and is additionally subject to the amendments listed below: Articles of agreement ARTICLES Article 7 – Arbitration Omit Article 7 and replace with: ' All references to arbitration in this Contract are deleted'. Article 9 Insert the following immediately after Article 8: Article 9 [ To be added on the face of the contract ] Schedule of Amendments The Employer and the Contractor agree that the alterations set out in the attached...

Agreement [ Name of employer ] (the Employer), Company registration number: [ insert Employer’s company number ] [ Employer’s registered office address ] Order/ Contract Ref: [ insert order/contract number ] Date: [ insert date ] This Contract is issued subject to the terms and conditions as described below......

[ Headed paper of the employer ] To: [ insert recipient’s name and postal address ] Date: [ insert date here ] Dear [ insert the recipient organisation’s name ], [ Insert name of project ] ('the Project') We refer to your engagement as the building contractor for the Project, pursuant to a contract dated [ insert date of building contract ] ('the Building Contract')......

To: [ insert name and address of recipient of letter ] Date: [ insert date ] Dear [ insert name of person/organisation wishing to rely on the report ], [ insert name of project ] (‘the Project’) In return for your remittance of £1, the receipt of which is hereby acknowledged, we confirm that you are entitled to, and we anticipate that you will, place reliance upon the contents of our report sent to [ insert name of party to whom report was originally addressed ] dated [ insert date of report ] with reference [ insert report reference ] concerning the site at [ insert......

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...

This Deed is entered into on the [ insert date ] day of [ insert month ] 20[ insert year ] Parties [ insert name of Sub-contractor ] ( Company Number [ insert company number ]), with its registered office at [ insert address ] (the ‘ Sub- Contractor ’); [ and ] [ insert name of Beneficiary ] ( Company Number [ insert company number ]), having its registered office at [ insert address ] (the ‘ Beneficiary ’, which term shall include successors in title and any permitted assignee) [ ; and OR . ......

This Guarantee is entered into on the [ insert date ] day of [ insert month ] 20[ insert year ] Parties [ insert name ] ( Company No. [ insert number ]), [ of OR whose registered office is at ] [ insert address ] (the ‘ Guarantor’). [ insert name ] ( Company No. [ insert number ]), [ of OR whose registered office is at ] [ insert address ] (along with its successors and assigns, the ‘ Contractor’). Background Under a contract dated [ insert date ] (the ‘ Contract’) between (1) [ insert name ] (the ‘ Employer’) and (2) the Contractor, the Contractor has undertaken to carry out and complete specified works (the ‘ Works’) in accordance with the terms and conditions set out in the Contract. The Employer has agreed to procure the...

Date: [ insert date ] Subject to contract 1 Introduction 1.1 These heads of terms set out the principal terms and conditions on, and subject to, which [ insert name of first shareholder ] ( Party A) and [ insert name of second shareholder ] ( Party B) are proposing to enter into and establish a joint venture arrangement to [ insert purpose of joint venture ] (the Proposed Joint Venture). Each of Party A and Party B constitutes a party, and together they comprise the parties. 1.2 The provisions contained in this document are not exhaustive and [ , with the exception of paragraphs 7.2, 8, 9, 10, 11 and 12, ] are subject to contract and are not designed or intended to be legally binding upon the parties. Neither party to this document shall be legally bound to progress the Proposed Joint Venture unless and until a...

ARCHIVED: This Precedent is archived and is not being maintained. The Contract consists of the completed Design and Build Contract 2011 Edition published by the JCT (as amended by Amendment 1: CDM Regulations 2015), and is subject to the following amendments: RECITALS Third Recital Delete and replace with: ‘ The Contractor has: reviewed the Site and satisfied himself regarding its measurements, position and other pertinent matters; considered the Employer’s Requirements and is satisfied that the Contractor’s Proposals and Contract Sum Analysis will fulfil the Employer’s Requirements; and accepted responsibility for the whole of the design contained in the Employer’s Requirements and the Contractor’s Proposals.’ ARTICLES Article 1 After ‘shall’ insert ‘carry out and’......