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Drafting a building contract/schedule of amendments—checklist

Drafting a building contract/schedule of amendments—checklist Once the procurement route and form of building contract has been selected (see Practice Note: Choosing the right procurement method—construction projects) the employer should consider the following matters and incorporate the appropriate drafting in the building contract particulars and schedule of amendments. This Checklist assumes that the parties are using a standard form of building contract, such as a JCT form, and that the employer is proposing the first draft including the completed contract particulars and a schedule of amendments, which amends the standard terms. This list is not exhaustive, however, and there may be other project specific matters/risks that need to be taken into account: Contractual matters • Carry out due diligence on the contractor The employer needs to carry out due diligence on the contractor at the outset to determine whether its financial position is acceptable. Confirm the contractor’s company number and name at Companies House. • Obtain consultants’ details Confirm the full details of the consultants engaged by the employer; some...

Public procurement proceedings for opposing debarment in the High Court—checklist

Public procurement proceedings for opposing debarment in the High Court—checklist STOP PRESS: As of 24 February 2025, the main provisions of the Procurement Act 2023 (PA 2023) are in force. Procurements begun on or after this date must be carried out under PA 2023, whereas those begun under the previous 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 procured and managed under that legislation. See Practice Note: Introduction to the Procurement Act 2023—PA 2023. PCR 2015 as assimilated law PCR 2015 are EU-derived domestic legislation and therefore assimilated law under sections 2 and 6 of the European Union (Withdrawal) Act 2018. For practical guidance on the status and interpretation of assimilated law, see Practice Note: Assimilated law. This Practice Note sets out the general process by which an economic operator defined as ‘any person or public entity or group of such persons and entities, including any temporary...

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Liquidated damages v penalty clause—checklist

Liquidated damages v penalty clause—checklist As seen in Practice Note: Contract interpretation—distinguishing between liquidated damages and penalty clauses, the task of determining whether or not a liquidated damages clause may be held to be unenforceable as a penalty is not always an easy one. While it will be a matter of construction for the courts in each case, there are a number of factors to consider when analysing the scope of an alleged liquidated damages clause and whether or not it may be susceptible to challenge as a penalty. If drafting a liquidated damages clause, it is essential that you keep these factors in mind in drafting the clause (and its relationship with related clauses). See: • Drafting and negotiating a liquidated damages clause—checklist • Precedent: Liquidated damages clause For specific consideration of how clauses in commercial contracts which provide for ‘default interest’ have been considered in the authorities, see: • Penalty interest rates in commercial contracts • Contract interpretation—distinguishing between liquidated damages and penalty clauses—When might default interest be...

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Contract interpretation—distinguishing between liquidated damages and penalty clauses

This Practice Note considers what liquidated damages clauses are and briefly when and how they are used. It then focuses, in particular, on the court's approach when determining whether a purported liquidated damages clause is, in fact, a penalty and therefore unenforceable; tracing the authorities through to how the question should now be approached in light of the 2015 Supreme Court Makdessi/ParkingEye decision and considering, in particular, issues such as when contractual provisions for accelerated receipt, default interest, or positive incentives may be considered as a penalty. Consideration is also given to whether liquidated damages survive termination and their relationship with partial performance.What is a liquidated damages clause?A liquidated damages clause is a clause whereby the parties to a contract fix in advance a sum of money to be paid by the defaulting party to the innocent party in the event of a breach. The sum payable represents agreed damages (called liquidated damages) and is recoverable without the innocent party needing to prove the actual loss suffered.Liquidated damages clauses can...

GB Energy Labelling Regulation (EU) 2017/1369—snapshot

GB Energy Labelling Regulation (EU) 2017/1369—snapshot Title Assimilated Regulation (EU) 2017/1369 of the European Parliament and of the Council of 4 July 2017 setting a framework for energy labelling and repealing Directive 2010/30/EU (GB Energy Labelling Regulation) Entry into force 1 August 2017 Subject Energy labelling, energy efficiency of products In GB mandatory energy labelling is regulated by: • Assimilated Regulation (EU) 2017/1369 (the GB Energy Labelling Regulation) • Energy Information Regulations 2011 (EIR 2011) • Ecodesign for Energy-Related Products and Energy Information Regulations 2021, SI 2021/745 In-scope products have to comply with the information and labelling requirements contained therein. The EU Energy Labelling Regulation (Regulation (EU) 2017/1369) continues to apply in Northern Ireland post-Brexit. For more on the position in Northern Ireland, see Practice Note: What does the Northern Ireland Protocol (Windsor Framework) mean for the application of environmental law? DESNZ and the Office for Product Safety and Standards have produced guidance on energy information for suppliers and dealers setting out the different requirements...

View the related precedents about Penalty

1 Liquidated damages—short form—fixed payment(s) 1.1 If Party A fails to [identify relevant obligation(s) to which the liquidated damages relate(s) as specifically as possible], it will pay to [Party B on demand OR Party B may set off against any sum owed by it to Party A][ for each [insert relevant time period] of failure] a sum of £[insert amount of liquidated damages][, subject to an overall aggregate amount of [insert cap]] as liquidated damages. 1.2 The liquidated damages payment[s] in clause 1.1 [represent[s] a genuine pre-estimate of Party B’s loss and] [do OR does] not impose a detriment on Party A which is disproportionate to the legitimate interests of Party B in the enforcement of the [identify relevant obligation(s) to which the liquidated damages relate(s) as specifically as possible ][and [is OR are] without prejudice to Party A’s obligation to fulfil its obligations under this Agreement if it is reasonably able to do so]. 2 Liquidated damages—short form—percentage payment(s) 2.1 If Party A fails to [identify relevant obligation(s) to which the liquidated damages relates as specifically...

Fraud risk management training materials—post-training assessment questions

Fraud risk management training materials—post-training assessment questions How to use this test These questions are designed to test your understanding following training on fraud risk management. After you have completed this test, please return it to [insert name]. General Name of person completing test [Insert name] Role [Insert role] Date [Insert date] Multiple choice questions Circle the correct answer. Question Multiple choice answers 1. What is fraud? (a) Soliciting or accepting a bribe(b) A crime that involves deception or theft to gain an advantage(c) Exercising powers of ownership over a person 2. How can a company commit the failure to prevent fraud offence under the Economic Crime and Corporate Transparency Act 2023? (a) By not having reasonable measures in place(b) By having reasonable measures in place(c) By not having reasonable measures in place because the risk was very low 3. The only relevant defence to a failure to prevent fraud charge, is that [insert organisation name] had reasonable prevention procedures in place, or that it was not...

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When a fixed penalty notice (FPN) has been accepted for driving without insurance, the fine has been paid and licence has been endorsed with six points, but there has been a mistake as to the facts (eg it has come to light that the person in question was in fact insured on the date in question) is it possible to re-open, appeal or otherwise challenge the FPN and if so, how? Is it possible to bring the matter before a court so that the person in question can defend the matter?

When a fixed penalty notice (FPN) has been accepted for driving without insurance, the fine has been paid and licence has been endorsed with six points, but there has been a mistake as to the facts (eg it has come to light that the person in question was in fact insured on the date in question) is it possible to re-open, appeal or otherwise challenge the FPN and if so, how? Is it possible to bring the matter before a court so that the person in question can defend the matter? Under section 143(1)(a) of the Road Traffic Act 1988 (RTA 1988), ‘…a person must not use a motor vehicle on a road or other public place unless there is in force in relation to the use of that vehicle by that person...a policy of insurance...’. This is an offence under RTA 1988, s 143(2), which can be dealt with by way of a fixed penalty notice (FPN). An FPN is an administrative alternative to a...

In a set of standard terms and conditions, on what grounds could a payment to a supplier on termination of a contract be challenged? The termination payment is payable regardless of the reason for termination, even in the event of the repudiatory breach of the supplier.

In a set of standard terms and conditions, on what grounds could a payment to a supplier on termination of a contract be challenged? The termination payment is payable regardless of the reason for termination, even in the event of the repudiatory breach of the supplier. In answering this question, it has been assumed that you are referring to a standard form B2B contract. It is important to note that the Unfair Contract Terms Act 1977 (UCTA 1977) does not apply to international supply contracts. Hence, for the purposes of this answer, it has been assumed that the contract is not of this nature. Challenge on basis of whether such payment is a penalty Parties will sometimes seek to agree in their contract what sums should be payable upon breach of a particular term or several terms. Where they do so, whether such a clause will be enforceable will depend on whether the courts construe it as: • a liquidated damages clause (enforceable), or • a penalty...

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UK needs modern sanctions rules, ex-Lord Chancellor warns

Law360, London: The UK's sanctions regime is increasingly unfit for purpose and must reform to tackle new complex forms of aggression, such as cyberattacks and economic sabotage, the former Lord Chancellor urged on 5 June 2025.

Environmental enforcement round-up—6 June 2025

A round-up of the latest environmental enforcement, including a £15.7m enforcement package secured by Ofwat from a wastewater company following an investigation into wastewater management failures.