Impossible to perform a contract – are you still liable?

Impossible to perform a contract – are you still liable?

What happens when it has become impossible for a business to perform its contractual obligations and there is a force majeure or exemption clause in the contract? Unfortunately, the non-performing party could face having to pay out a significant amount of damages to...
Construction: When an unsigned contract binds the parties

Construction: When an unsigned contract binds the parties

A word of warning to those carrying out works without a fully signed and executed contract in place! The fact that one party has not formally executed a contract does not automatically mean no binding agreement has been reached. This is the vital lesson for businesses...
Construction – What does practical completion really mean?

Construction – What does practical completion really mean?

In the context of building works, the question of whether practical completion is achieved in law has not always been clear-cut. Valuable guidance has recently been given by the Court of Appeal, setting out important principles in determining what ‘practical...
Relational Contracts in Construction Law

Relational Contracts in Construction Law

Those working in the construction industry will be aware that many standard forms of contract used nationally include obligations that could be commonly interpreted as good faith-type obligations. Examples are most obviously apparent in partnering contracts and in...
Duty of Good Faith in Construction Contracts

Duty of Good Faith in Construction Contracts

What does acting in good faith really mean?The duty of good faith has no universally accepted meaning and what it means in a construction contract will depend on the contract in question and its commercial context. It has been held to entail an obligation to: adhere...