Legal Precedents

NOTICE CONFERRING BENEFIT OF THIRD PARTY RIGHTS [ Sent via recorded delivery ] [ Name of the grantor of third‑party rights ] [ Address of the Grantor ] Company registration no. [ insert company registration number ] For attention of [ insert name ] [ Insert date ] Our reference: [ insert reference ] Dear [ insert Grantor’s name ] Notice regarding Third‑ Party Rights — [ insert......

1 Contractor warranties and undertakings 1.1 The Contractor warrants and undertakes that: 1.1.1 the Contractor has complied with, and will continue faithfully to comply with, all terms and obligations binding upon the Contractor under the Building Contract; 1.1.2 regarding the design of the Works under the Building Contract, the Contractor has applied and shall continue to apply the reasonable skill, care and diligence to be expected of a properly qualified, capable and competent architect, or other suitable professional designer, experienced in projects of comparable scope, type, size, nature and complexity to the Works. 1.2 The Contractor’s responsibilities under this Memorandum shall be no greater and of no longer duration than those owed to the Employer under the Building Contract, and the...

On the [ insert date ] day of [ insert month and year ], this Agreement is entered into. Parties [ Insert Employer name ] ( Company Registration No. [ insert number ], with its registered office at [ insert office ]) (the ' Employer', which expression includes all permitted assignees or other transferees under this Agreement); and [ Insert Consultant name ] ( Company Registration No. [ insert number ], with its registered office at [ insert office ]) (the ' Consultant'). Whereas ( A) The Employer has entered into, or intends to enter into, a contract with [ insert name of contractor ] of [ insert contractor's address ] for the [ design and ] construction of a [ insert brief description of the project ] (the ' Project') at [ insert location of site ] (the ' Building...

Date 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’); [ and ] [ insert name of Beneficiary ] ( Company Number [ insert company number ]), with its registered office at [ insert address ] (the ‘ Beneficiary’, a term that includes successors in title and any permitted assigns) [ ; OR . ] [ [ insert name of Employer ] ( Company Number [ insert company number ]), with its registered office at [ insert address ] (the ‘ Employer’). ] Recitals ( A) [ [ insert name of Employer ] ( Company Number [ insert number ]), with its registered office at [ insert address ] (the ‘ Employer’) OR The Employer ] has...

This Deed is entered into on [ insert date of agreement ] Parties [ insert name ] (company number [ insert number ]), with its registered office at [ insert address ] (the Employer, a term encompassing all permitted assignees or transferees under this Agreement); and [ insert name ] (company number [ insert number ]), whose registered office is at [ insert address ] (the Contractor). Whereas The Employer proposes to carry forward the Project. The Employer seeks to appoint the Contractor to deliver the Services throughout the Pre- Construction Phase of the Project. The Contractor has consented to deliver the Services, and the Employer has undertaken to remunerate the Contractor for the Services pursuant to the terms of this Agreement......

This Guarantee is entered into the [ insert date ] day of [ insert month ] 20[ insert year ] Parties [ insert name of Guarantor ] ( Company No. [ insert company number ]) [ of OR whose registered office is at ] [ insert address ] (the ‘ Guarantor’, which expression includes its successors in title and permitted assigns); and [ insert name of Employer ] ( Company No. [ insert company number ]) [ of OR whose registered office is at ] [ insert address ] (the ‘ Employer’, which expression includes its successors in title and permitted assigns). Background ( A) By a written agreement (the ‘ Contract’) dated [ insert date ], entered into between (1) the Employer and (2) [ insert name of Contractor ] Company ( No....

Contents This Agreement is entered into on [ date ] Parties [ Insert name of Employer ] ( Company Registration No. [ insert number ]) with its registered office at [ insert address of Employer ] (the ‘ Employer’, a term encompassing all permitted assignees or other transferees pursuant to this Agreement); and [ Insert name of Consultant ] ( Company Registration No. [ insert number ]) whose registered office is at [ insert address of Consultant ] (the ‘ Consultant’). Background WHEREAS The Employer has entered into, or intends to enter into, a contract with [ insert name of Contractor ] of [ insert address of Contractor ] (the ‘ Contractor’) for the design and construction of [ insert brief description of the project ] at [ insert location of site ] (the ‘ Building Contract’). The Employer wishes to engage the...

No....

This Guarantee is entered into on the [ insert number ] day of [ insert month ] 20[ insert year ] by the parties set out below. Parties [ insert name ] ( Company No. [ insert number ]) of/whose registered office is at [ insert address ] (the ‘ Guarantor’); and [ insert name ] ( Company No. [ insert number ]) of/whose registered office is at [ insert address ] (together with its successors and assigns, the ‘ Employer’). Background Under a contract dated [ insert date ] (‘the Contract’) made between (1) the Employer and (2) [ insert name ] (‘the Contractor’), the Contractor has undertaken to carry out and complete certain works (‘the Works’) in accordance with the terms and conditions set out in the Contract. Pursuant to the Contract, the Contractor has undertaken to secure the...

This Deed of Novation is executed on the [ insert day ] day of [ insert month ] 20[ year ] Parties [ insert name of Outgoing Party ] ( Company Registration No. [ insert Outgoing Party’s company registration number ]), with its registered office at [ insert Outgoing Party’s registered office address ] (the ‘ Outgoing Party’) [ insert name of Incoming Party ] ( Company Registration No. [ insert Incoming Party’s company registration number ]), with its registered office at [ insert Incoming Party’s registered office address ] (the ‘ Incoming Party’) [ insert name of Novated Party ] ( Company Registration No. [ insert Novated Party’s company registration number ]), with its registered office at [ insert Novated Party’s registered office address ] (the ‘ Novated Party’) WHEREAS ( A) This Deed supplements [ insert details of the contract being...

Contents This Agreement is dated [ date ] Parties [ Insert name of Employer ] ( Company Registration No. [ insert number ]), whose registered office is at [ insert address of Employer ] (the ‘ Employer’, which term shall encompass all permitted assignees or other transferees under this Agreement); [ Insert name of Consultant ] ( Company Registration No. [ insert number ]), whose registered office is at [ insert address of Consultant ] (the ‘ Consultant’). background WHEREAS The Employer has entered into, or proposes to enter into, a contract with [ insert name of Contractor ] of [ insert address of Contractor ] (the ‘ Contractor’) for the design and construction of [ insert brief description of the project ] at [ insert location of site ] (the ‘ Building Contract’). The Employer seeks to appoint the...

Damages claim for misrepresentation, at common law and/or under the Misrepresentation Act 1967, s 2 The Claimant entered the contract in reliance on the Defendant’s assurances that every parcel of land needed for the scheme had already been secured and that former local residents supported the project. See Schedule X. The Claimant says this amounted to fraudulent misrepresentation: the assertion was untrue and the Defendant knew it. Alternatively, the statement is said to have been made negligently, as the Defendant lacked any reasonable basis for believing it was accurate. When the Contract was executed, a number of local residents refused to sell their land, and residents carried out protests within the Site for the duration of the works, which halted operations at the protest locations......

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

To: [ insert company name ] Address: [ insert address for the service of notices ] Dear [ insert name of party/organisation being notified of the assignment ], [ insert details of the development to which the assigned documents relate ] (the ‘ Development’) Consequent upon [ the [ sale OR purchase ] of [ our ] interest in the Development OR the provision of funding by [......

This Deed of novation is executed on the [ insert day ] day of [ insert month ] 20[ year ] and is entered into by the parties hereinafter identified below Parties as follows [ insert name of Employer ] ( Company Registration No. [ insert Employer’s company registration number ]) with its registered office at [ insert Employer’s registered office address ] (the ' Employer') [ insert name of Contractor ] ( Company Registration No. [ insert Contractor’s company registration number ]) whose registered office address is [ insert Contractor’s registered office address ] (the ' Contractor') [ insert name of Consultant ] ( Company Registration No. [ insert Consultant’s company registration number ]) whose [ registered OR principal ] office address is [ insert Consultant’s registered/principal office address ] (the '...

Retention bond Schedule Bond number [ insert ] Dated: Parties The Employer: [ insert ] incorporated in [ England and Wales ] ( Company Number [ insert ]) with its registered office at [ insert ]. The Contractor: [ insert ] incorporated in [ England and Wales ] ( Company Number [ insert ]) with its registered office at [ insert ]. The Surety: [ insert ] incorporated in [ England and Wales ] ( Company Number [ insert ]) with its registered office at [ insert ]. ( A) The Building Contract: the agreement dated [ insert ] between the Employer and the Contractor for the construction of [ insert ] (the “ Works”). ( B) Retention: the sum to which the Employer is, or (but for the issue of this Bond) would be, entitled to withhold by way of retention from any amount...

1 Consultant warranties and undertakings The Consultant warrants and undertakes that: the Consultant has complied with, and will continue to comply with, all terms and obligations owed by the Consultant under the Appointment, in accordance with the Appointment’s provisions; in delivering the Services under the Appointment, the Consultant has applied, and will keep applying, the reasonable skill, care and diligence to be expected of a suitably qualified and competent professional consultant, experienced in projects of comparable scale, scope, character, complexity and value to the Project. The Consultant’s duties under this Memorandum shall be neither greater nor of longer duration than those owed to the Employer under the Appointment, and the Consultant shall be entitled, in any action or...

Notice of payer’s intention to pay less than the notified sum Reference: [ insert contract/project reference ] Date: [ insert date ]; To: [ insert recipient’s name ] Due date: [ insert payment due date under the contract ] Date of [ payment notice/application ]: [ insert date of relevant payment notice/payment application ] [ Payment notice/ Application ] ref: [ insert reference number ] This notice is issued under section 111 of the Housing Grants, Construction and Regeneration Act 1996 and clause(s) [ insert clause number(s) ] of the contract dated [ insert date ]. Further to the above [ payment notice/application ], [ our OR [ insert payer’s name ] ] intention is to pay less than the notified sum. The amount [ we OR [ insert payer’s name ] ] deem due on service is [ insert sum ( A– B below) ]: £ A Notified sum [ £A ] B...

SCHEDULE Bond Number [ insert ] Dated: Parties The Employer: [ insert ], company registered in [ England and Wales ] ( Company Number [ insert ]), whose registered office is at [ insert ] The Contractor: [ insert ], company registered in [ England and Wales ] ( Company Number [ insert ]), whose registered office is at [ insert ] The Surety: [ insert ], company registered in [ England and Wales ] ( Company Number [ insert ]), whose registered office is at [ insert ] The Building Contract: An agreement dated [ insert ] between the Employer and the Contractor for the construction of [ insert ] (the “ Works”) Maximum Bond Amount: The total sum of £[ insert ] Expiry Date: [ The date of practical...

SCHEDULE Bond Number [ insert ] Dated: Parties The Employer: [ insert ] incorporated in [ England and Wales ] ( Company Number [ insert ]) whose registered office is situated at [ insert ]. The Contractor: [ insert ] incorporated in [ England and Wales ] ( Company Number: [ insert ]) whose registered office is located at [ insert ]. The Surety: [ insert ] incorporated in [ England and Wales ] ( Company Number [ insert ]) whose registered office is at [ insert ]. The Building Contract: The agreement dated [ insert ] between the Employer and the Contractor for the construction of [ insert ] (the “ Works”). The Advance Payment: £[ insert ] to be paid by the Employer to the Contractor pursuant to clause [ insert ] of the Building Contract. Maximum Bond...