Construction Contracts: No implied obligation to get on with it
|
|
- Barnaby Hicks
- 5 years ago
- Views:
Transcription
1 BuildLaw - Issue 13 - No Implied Obligation to get on with it 1 Construction Contracts: No implied obligation to get on with it An issue that regularly crops-up in practice, but rarely before the courts, is whether a contractor is subject to an obligation to progress its works in a regular and diligent or similar manner, and if so what this actually means. In a judgment handed down on 21 December 2011, the TCC decided that a subcontractor was not under any implied obligation to proceed with its works regularly and diligently. The same is likely to be true for main contractors and others involved in construction projects. The Facts The case concerned a groundworks subcontract. The main contractor initially claimed that the subcontractor was obliged to perform its works in accordance with an Activity Schedule that set out activities and by when they were to be completed. The subcontractor, it was claimed, was late in the performance of its works as against the Activity Schedule, and the main contractor alleged that it suffered a loss due to the subcontractor s delay. The main contractor sought to withhold damages for delay from amounts otherwise due to the subcontractor. In a judgment handed down on 21 December 2011, the TCC decided that a subcontractor was not under any implied obligation to proceed with its works regularly and diligently. The same is likely to be true for main contractors and others involved in construction projects Later on, and before the TCC, the main contractor accepted that the Activity Schedule was not binding on the subcontractor. Nevertheless, it maintained that the subcontractor was subject to an implied obligation to proceed regularly and diligently with its works, and in this context that meant following the Activity Schedule. Because the subcontractor had not followed the Activity Schedule the argument went it had breached its implied duty to proceed regularly and diligently, and therefore it was liable to pay damages to the main contractor for its tardy performance.
2 BuildLaw - Issue 13 - No Implied Obligation to get on with it 2 The Court s Decision Mr Justice Coulson rejected the main contractor s arguments. In order for a term such as an obligation to proceed regularly and diligently to be implied into a contract, it must (among other things) be necessary to imply that term to make the contract work, from a business point of view. Here, there was no need to imply such a term, as the contract could still operate in a workable manner without the subcontractor being required to work in a regular and diligent manner. If, for example, the subcontractor was so irregular and lacking in diligence that it failed to complete its works by the stipulated date in the subcontract, the main contractor would be entitled to claim damages for late completion. The court s conclusion was fortified by the termination provisions of the subcontract, which permitted the main contractor to terminate the subcontract if the subcontractor failed to proceed with the works in a regular and diligent manner. This suggested that the parties had turned their minds to the issue of whether the subcontractor should be required to proceed regularly and diligently, and what consequences (if any) should flow from a lack of regularity and diligence. Although there was an express power to terminate the subcontract should the subcontractor fail to proceed regularly and diligently, this did not mean that the subcontractor was subject to an implied obligation to work in a regular and diligent manner, so that it would be liable to pay damages to the main contractor if it failed to do so. The main contractor s primary remedy for lack of regularity and diligence was the right to terminate the subcontract. If, for example, the subcontractor was so irregular and lacking in diligence that it failed to complete its works by the stipulated date in the subcontract, the main contractor would be entitled to claim damages for late completion. Comment This case is consistent with earlier decisions of the English courts to the effect that there is no generally implied obligation on a contractor, subcontractor or even sub-subcontractor to proceed regularly and diligently with its works. It is for this reason that contracts, such as the JCT forms, state expressly that the contractor is under such an obligation, and it will be liable if it does not proceed in a regular and
3 BuildLaw - Issue 13 - No Implied Obligation to get on with it 3 diligent manner. A complementary or even separate measure is for a contract to require the contractor to work to a particular programme, so that if the contractor is running late in certain activities on its programme it may be obligated to pay damages to the employer for any loss occasioned by it being late, or it may be instructed to accelerate. Interestingly, despite the NEC3 form requiring the contractor to submit a programme for acceptance, NEC3 does not in terms require the contractor to perform its works in accordance with its accepted programme. Nor does NEC3 impose any general obligation on the contractor to work in a regular and diligent manner, or equivalent. This may necessitate amendments to the NEC3 form, when used. The message that this case delivers is clear. Unless a contract expressly requires a contractor to perform its works in a regular and diligent manner (or similar), or it requires the contractor to work to a particular programme, the contractor may perform its works in almost as spasmodic a manner as it chooses provided it completes those works by the particular date for completion. The message that this case delivers is clear. Unless a contract expressly requires a contractor to perform its works in a regular and diligent manner (or similar), or it requires the contractor to work to a particular programme, the contractor may perform its works in almost as spasmodic a manner as it chooses provided it completes those works by the particular date for completion. Reference: Leander Construction Ltd v Mulalley & Co Ltd [2011] EWHC 3449 (TCC) (for a copy of the decision go to the resources section of the Building Disputes Tribunal website)
4 BuildLaw - Issue 13 - No Implied Obligation to get on with it 4 Letters to the Editor We welcome letters to the editor If you would like to submit a letter for possible publication please... a MS Word copy of your letter as an attachment to editor@buildingdisputestribunal.co.nz with Letter to the Editor as the subject Include you full name and contact details Keep your letter short, concise and to the point Avoid personal attacks (even if you perceive you are responding to a personal attack).
5 BuildLaw - Issue 13 - No Implied Obligation to get on with it 5 CONTRIBUTIONS: Contributions to BuildLaw are welcome. BuildLaw is published four times a year in March, June, September and December. Readers are invited to submit material to be considered for publication by to the editor at editor@buildingdisputestribunal.co.nz. Contributions may consist of articles, case notes, book reviews, news of forthcoming events and other matters of interest to readers. Contributors are entirely responsible for the accuracy of case names and citations, quotations and other references, spelling etc. All contributions should be in final form and in word format. DISCLAIMER: BuildLaw is published by Building Disputes Tribunal. BuildLaw is a newsletter and does not purport to provide a comprehensive analysis of the subjects covered or to constitute legal advice. BuildLaw is intended to promote and engender discussion, debate, and consideration of all matters in relation to the development and application of construction law, the resolution of building and construction disputes, and the processes that are used for the resolution of those disputes. Articles, commentaries and opinions are intended to raise questions rather than to be emphatic statements on the subjects covered and the views expressed are the views of the author and are not necessarily those of the directors, servants and agents of the Tribunal. Information published is not guaranteed to be correct, current or comprehensive and the Tribunal accepts no responsibility for the accuracy of any information published in BuildLaw and no person should act in reliance on any statement or information contained in BuildLaw. Readers are specifically advised that specialist legal advice should be sought in relation to all matters in relation to, or in connection with, the subjects covered and articles published in BuildLaw. COPYRIGHT: This issue of BuildLaw and all material and information contained herein are subject to the full protection given by the Copyright Act In many cases the copyright of individual articles remains the property of the author and articles and commentaries should not be reproduced without first obtaining the express authorisation of the relevant third party copyright owner concerned. If you are in any doubt as to whether a proposed use is covered by this licence please consult the Editor. Building Disputes Tribunal (NZ) Limited. All rights reserved BuildLaw : Reaches you first with the construction law news you need to know Gives you access to important judgments when they are delivered Gives you expert commentary and analysis of key legal developments and issues affecting your business Explains complex issues clearly and simply
DISCLAIMER IN EXPERT REPORT DOES NOT VOID ADJUDICATION DETERMINATION - Charles Brannen
DISCLAIMER IN EXPERT REPORT DOES NOT VOID ADJUDICATION DETERMINATION 1 DISCLAIMER IN EXPERT REPORT DOES NOT VOID ADJUDICATION DETERMINATION - Charles Brannen The Supreme Court of NSW has determined that
More informationTHE PERILS OF CONDITIONS IN SALE AND PURCHASE AGREEMENTS - Victoria Whitfield
BuildLaw - Issue No 15 September 2012 1 THE PERILS OF CONDITIONS IN SALE AND PURCHASE AGREEMENTS - Victoria Whitfield Recently, we were presented with a situation where a client had identified issues with
More informationLAW GOVERNING ARBITRATION HAS CLOSEST CONNECTION TO LAW OF THE SEAT - Joachim Delaney
Page 1 LAW GOVERNING ARBITRATION HAS CLOSEST CONNECTION TO LAW OF THE SEAT - Joachim Delaney The Court of Appeal has upheld the first instance decision in Sulamerica Cia Nacional de Seguros SA v Enesa
More informationWHEN IS A MEDIATION AGREEMENT ENFORCEABLE? - Thomas G. Heintzman
Page 1 WHEN IS A MEDIATION AGREEMENT ENFORCEABLE? - Thomas G. Heintzman One of the most difficult issues in the law of alternative dispute resolution is whether a mediation clause creates an enforceable
More informationINSTRUCTIONS MATTER - Magda Di Vincenzo & Owain Stone
Page 1 Background ADMISSIBILITY OF EXPERT REPORTS: INSTRUCTIONS MATTER - Magda Di Vincenzo & Owain Stone Welker & Ors v Rinehart & Anor., Supreme Court of NSW (No6) [2012] NSWSC 160 The Plaintiffs in these
More informationSpain Reforms Arbitration Act
Page 1 Spain Reforms Arbitration Act Calvin A. Hamilton Gabriela M. Torres Cutting edge for its time, the Spanish Arbitration Act of 2003 (the AAct) 1 was a blend of the UNCITRAL Model Law, the ICC Rules
More informationWHEN IS A FULL AND FINAL SETTLEMENT NOT THE END? - Abigail Silver
Page 1 WHEN IS A FULL AND FINAL SETTLEMENT NOT THE END? - Abigail Silver In two recent decisions 1 the Court has emphasised its readiness to look behind the "full and final" wording of a settlement agreement
More informationTECHNICAL RELEASE TR 02/2016 COMPANIES ACT Examiners statutory changes
TECHNICAL RELEASE TR 02/2016 COMPANIES ACT 2014 Examiners statutory changes Readers of this document should note that the Companies Act 2014 is a significant and new piece of legislation whose interpretation
More informationVeterans Off The Streets Australia VOTSA Ltd Site Terms and Conditions
Veterans Off The Streets Australia VOTSA Ltd Site Terms and Conditions This Agreement governs our relationship with users of the Veterans Off The Streets Australia - VOTSA Ltd ( VOTSA ) (ABN 46 613 632
More informationGIVING EXPERT EVIDENCE - George Golvan QC
BuildLaw - Issue No 9 March 2011 1 Introduction GIVING EXPERT EVIDENCE - George Golvan QC Probably the most famous piece of cross-examination of all time is the question asked by the famous English Barrister,
More informationSection 112 of the HGCR Act is set out below, with the amendments which will be introduced under the LDEDC Act shown in bold:
SUSPENSION OF WORK By Peter Sheridan Introduction The remedy of suspension of work for non-payment or late payment is likely to be of increased interest as the credit crunch and the recession continue
More informationSTANDARD TERMS & CONDITIONS Quotations & Service Delivery
1. DEFINITIONS AND INTERPRETATION In these conditions these words have the following meaning: the Company JN Building Services Limited and Wemco Limited the Contract Any contract under which the Company
More informationCONSULTANCY SERVICES AGREEMENT
DATED 2010 [INSERT NAME OF CUSTOMER] (Customer) CAVALLINO HOLDINGS PTY LIMITED ACN 136 816 656 ATF THE DAYTONA DISCRETIONARY TRUST T/A INSIGHT ACUMEN (Consultant) CONSULTANCY SERVICES AGREEMENT Suite 5,
More informationFreedom of Information (Extension) Bill
Freedom of Information (Extension) Bill CONTENTS 1 Extension of the Freedom of Information Act 2000 to certain persons 2 Application of the Freedom of Information Act 2000 to contractors 3 Contractors:
More informationTrócaire General Terms and Conditions for Procurement
Trócaire General Terms and Conditions for Procurement Version 1 February 2014 1. Contractors Obligations 1.1 The Contractor undertakes to perform its obligations arising from this Agreement with due care,
More informationWebsite Disclaimer. by SEQ Legal
Website Disclaimer by SEQ Legal Website disclaimer 1 (1) Introduction This disclaimer governs your use of our website; by using our website, you accept this disclaimer in full. 2 If you disagree with any
More informationMedical Information Disclaimer. provided by SEQ Legal
Medical Information Disclaimer provided by SEQ Legal 1. Credit 1.1 This document was created using a template from SEQ Legal (http://www.seqlegal.com). You must retain the above credit, unless you purchase
More informationKATESTONE CONSULTING SERVICES AGREEMENT
KATESTONE CONSULTING SERVICES AGREEMENT DATE [insert date] AGREEMENT NO. [insert agreement #] PARTIES Katestone Environmental Pty Ltd ACN 097 270 276 16 Marie Street Milton QLD 4064 Fax No.: (07) 3369
More informationCANADIAN COUNCIL OF MINISTERS OF THE ENVIRONMENT INC. (CCME)
CANADIAN COUNCIL OF MINISTERS OF THE ENVIRONMENT INC. (CCME) PROFESSIONAL SERVICES CONTRACT THIS AGREEMENT made in duplicate as of the xx th day of Month, 2016; BETWEEN: Name of Contractor Address City,
More informationConstruction & Engineering News
Construction & Engineering News Spring 2010 When will the Court pierce the adjudicator s veil? - Geoffrey Osborne Limited v Atkins Rail Limited [2009] (TCC) Enforcing the Oracle SG South Ltd v Swan Yard
More informationApplication Terms of Use
Application Terms of Use Acceptance of the Terms of Use Welcome to the Pure Sale Mobile Application (the "Application"). This Application is offered by and operated on behalf of Pure Romance ( Pure Romance,
More informationGENERAL CONDITIONS OF THE CONTRACT (Applicable to purchase orders)
GENERAL CONDITIONS OF THE CONTRACT (Applicable to purchase orders) ARTICLE 1 PERFORMANCE OF THE CONTRACT 1.1. The Contractor shall perform the Contract to the highest professional standards. The Contractor
More informationVIETNAM LAWS ONLINE DATABASE License Agreement Multi-user (Special)
VIETNAM LAWS ONLINE DATABASE License Agreement Multi-user (Special) A multi-user (special) subscription to the Vietnam Laws Online Database is governed by the terms and conditions of this License Agreement.
More informationIn Site UK Construction and Engineering Newsletter
UK Construction and Engineering Newsletter Winter 2010/2011 Authors: Suzannah E. Boyd suzannah.boyd@klgates.com +44.(0)20.7360.8186 Kevin Greene kevin.greene@klgates.com +44.(0)20.7360.8188 Inga K. Hall
More informationGENERAL TERMS AND CONDITIONS 1. Term: This Contract will apply from the Commencement Date and will continue until further notice unless this Contract
GENERAL TERMS AND CONDITIONS 1. Term: This Contract will apply from the Commencement Date and will continue until further notice unless this Contract is terminated in accordance with its terms. 2. Supply:
More informationFamily Law Arbitration Group
Family Law Arbitration Group FORM A AGREEMENT TO ARBITRATE 1. First Party 2. Second Party Name of First Party Name of Second Party Address Address Contact tel no Contact tel no First Party s Agent Second
More informationTHE NEW ENGINEERING CONTRACT FOURTH EDITION (NEC4)
THE NEW ENGINEERING CONTRACT FOURTH EDITION (NEC4) Author: Tsele Moloi THE NEW ENGINEERING CONTRACT FOURTH EDITION (NEC4): SOME INTERESTING DEVELOPMENTS The NEC suite of contracts have been updated and
More informationPrinces International Events Pty Ltd Terms & Conditions
Princes International Events Pty Ltd Terms & Conditions This website is operated by Princes International Events Pty Ltd ABN 99 121 151 488 ( Princes ). Your use of any information, images and text (Material)
More informationTerms and Conditions of Service
Terms and Conditions of Service IMPORTANT! These Terms and Conditions (Terms and Conditions) govern your (You or User) use of ABCREGISTRATION.COM (Website) provided by ABCRegistration,, ( Company). These
More informationOasys Software Licence and Support Agreement
Last updated 21 st December 2015 Oasys Software Licence and Support Agreement This Software Licence and Support Agreement ( Agreement ) is a legal agreement between you, either an individual or an entity,
More informationU.S. TRADE AND DEVELOPMENT AGENCY
U.S. TRADE AND DEVELOPMENT AGENCY MODEL CONTRACT FOR USTDA-FUNDED TECHNICAL ASSISTANCE This is a model contract, designed only to facilitate the drafting of a Contract between the Grantee and the U. S.
More informationBefore: MR JUSTICE COULSON Between: LEANDER CONSTRUCTION LIMITED - and - MULALLEY AND COMPANY LIMITED
Neutral Citation Number: [2011] EWHC 3449 (TCC) IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION TECHNOLOGY AND CONSTRUCTION COURT Case No: HT-11-411 Royal Courts of Justice Strand, London, WC2A 2LL
More informationTERMS AND CONDITION OF SUPPLIER REGISTRATION
TERMS AND CONDITION OF SUPPLIER REGISTRATION YOU MUST READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE SUBMITTING YOUR APPLICATION TO GENTING MALAYSIA BERHAD, formerly known as Resorts World Bhd (hereinafter
More informationAPPENDIX G MODEL FORM OF SMALL DIVERSE AND SMALL BUSINESS SUBCONTRACTOR AGREEMENT RECITALS
APPENDIX G MODEL FORM OF SMALL DIVERSE AND SMALL BUSINESS SUBCONTRACTOR AGREEMENT This Subcontractor Agreement ("Subcontract") is made effective as of, 20, by and between, ("Contractor") and, a Small Diverse
More informationSample Reports of Tax Collected at Source
Sample Reports of Tax Collected at Source The information contained in this document is current as of the date of publication and subject to change. Because Tally must respond to changing market conditions,
More informationConnectors Cables Specialists
ACCOUNT APPLICATION FORM Company Name:.. Address:..... Postcode:...... Telephone No:..... Accounts Contact:. Accounts email:. Registered No:.. Fax No:... Purchasing Contact: Purchasing Email:. VAT No:
More informationData Processing Agreement
Data Processing Agreement This Data Protection Addendum ("Addendum") forms part of the Master Subscription Agreement ("Principal Agreement") between: (i) Inspectlet ("Vendor") acting on its own behalf
More informationPDF Agreement: Product Development Forum Terms
PDF Agreement: Product Development Forum Terms PDF Agreement: Product Development Forum Terms Revision history Version Description Effective Date 1.0 First issued version Commencement Date Copyright This
More information(a) Unless otherwise expressly stated to the contrary, terms used herein shall bear the following meanings:
TERMS AND CONDITIONS OF USE AND SERVICE OF REACH-IT PLEASE READ THE FOLLOWING TERMS AND CONDITIONS GOVERNING THE USE OF REACH-IT CAREFULLY BEFORE USING REACH-IT. TO AGREE TO THE TERMS OF SERVICE CLICK
More informationOpen Compute Project Contribution License Agreement. As of November 2, 2018
As of November 2, 2018 This Contribution License Agreement ( Agreement ) is entered into between the entity identified below and its Bound Entities (collectively, Contributor ), and Open Compute Project
More informationAmendments to NEC3 Contracts resulting from The Local Democracy, Economic Development and Construction Act 2009
Amendments to NEC3 Contracts resulting from The Local Democracy, Economic Development and Construction Act 2009 The Institution of Civil Engineers has approved amendments to the NEC3 contracts to cover
More informationSCHEDULE 18A ORDINARY MONEY ORDER SERVICE TERMS AND CONDITIONS
SCHEDULE 18A ORDINARY MONEY ORDER SERVICE TERMS AND CONDITIONS 1 Introduction 1.1 These special service terms and conditions are supplementary to the Australia Post Terms and Conditions and to the extent
More informationBANTU PHOTOS WEB SITE LEGAL NOTICE
BANTU PHOTOS WEB SITE LEGAL NOTICE Copyright Bantu Photos. 2017. All rights reserved. Reproduction, adaptation, or translation without permission is prohibited except as allowed under the International
More informationIMPROVING PAYMENT PRACTICES IN THE CONSTRUCTION INDUSTRY
IMPROVING PAYMENT PRACTICES IN THE CONSTRUCTION INDUSTRY Report of the DTI s post-consultation event held in London on 14th February 2006 On Valentine s Day 2006, the Right Honourable Alun Michael MP compared
More informationPurchasing Terms and Conditions
CONDITIONS OF BUSINESS 1. DEFINITIONS 1.1 In these Conditions: "BELBIN" means BELBIN Associates, 3-4 Bennell Court, Comberton, Cambridge CB23 7EN. UK [493 2224 49] ; Consumer means a consumer within the
More informationRFx Process Terms and Conditions (Conditions of Tendering)
RFx Process Terms and Conditions (Conditions of Tendering) 1 Interpretation These RFx Process Terms and Conditions are the process terms and conditions apply to school property related RFx (including Contract
More informationOpen Web Foundation. Final Specification Agreement (OWFa 1.0) (Patent and Copyright Grants)
Open Web Foundation Final Specification Agreement (OWFa 1.0) (Patent and Copyright Grants) 1. The Purpose of this Agreement. This Agreement sets forth the terms under which I make certain copyright and
More informationTENDER NOTICE. SATS Airport Services Pte Ltd (Co Reg. No R) invites tenders for the following:
TENDER NOTICE SATS Airport Services Pte Ltd (Co Reg. No. 198500561R) invites tenders for the following: TENDER NO: CT1306B023 DESCRIPTION: TENDER FOR THE CLEANING AND HOUSEKEEPING SERVICES AT SATS AIRFREIGHT
More informationPERSONAL SERVICES CONTRACT
zo ~GooL-8 PERSONAL SERVICES CONTRACT STATE OF TEXAS COUNTY OF NUECES THIS CONTRACT FOR PERSONAL SERVICES is made by and between the County of Nueces, hereinafter called "County" and Crystal Lyons, hereinafter
More information(Rel. 58-9/2016 Pub,5911)
Canadian Conflict of Laws, Sixth Edition Volume 1 LexisNexis Canada Inc. 2005 (Including update issues 2005-2016) All rights reserved. No part of this publication may be reproduced or stored in any material
More informationTerms of Use. Ownership and copyright
Terms of Use Very important. Your access to this website is subject to legally binding terms and conditions. Carefully read all of the following terms and conditions. Accessing this website is the equivalent
More informationStalking Protection Bill
Stalking Protection Bill EXPLANATORY NOTES Explanatory notes to the Bill, prepared by the Home Office with the consent of Dr Sarah Wollaston, are published separately as Bill EN. Bill 7/1 Stalking Protection
More informationGENERAL CONDITIONS OF THE CONTRACT
GENERAL CONDITIONS OF THE CONTRACT Version of January 2013 The contract consists of a purchase order and these general conditions. In the event of conflicting interpretations, the purchase order shall
More informationDATA PROCESSING AGREEMENT. (1) You or your organization or entity as The Data Controller ( The Client or The Data Controller ); and
DATA PROCESSING AGREEMENT BETWEEN: (1) You or your organization or entity as The Data Controller ( The Client or The Data Controller ); and (2) Moodle Pty Ltd being a company registered within Australia
More informationGeneral Terms and Conditions of Purchase MAN General Procurement Division for Building Management Services (Facility Management) (Version: June 2018)
Contents 1 Validity of these contractual conditions... 2 2 Obligations during the tender phase... 2 3 Contractual foundations... 2 4 Version... 4 5 Involvement of MAN... 5 6 Scope of services/service amendments/additions...
More informationICONS Terms of Use. Effective Date: March 1st, 2016
ICONS Terms of Use Effective Date: March 1st, 2016 The website www.danceicons.org is owned and operated by International Consortium for Advancement in Choreography, Inc. ( ICONS or we, our or us ). These
More informationEnd User Licence Agreement
End User Licence Agreement TMMR Pty Ltd ACN ACN 616 198 755 Articles to assist you with the implementation of this agreement: Bespoke end user licence agreements for the istore by Dundas Lawyers Legal
More informationGUIDANCE FOR ADJUDICATORS
CONSTRUCTION UMBRELLA BODIES ADJUDICATION TASK GROUP JULY 2002 GUIDANCE FOR ADJUDICATORS Guidance for adjudicators in adjudications conducted under Part II of the Housing Grants, Construction and Regeneration
More informationESET Partner Agreement
ESET Partner Agreement All partners are required to agree to the following standard ESET Partner Agreement Terms and Conditions before proceeding. Please read and then indicate your agreement to proceed
More informationDocuSign Envelope ID: D3C1EE91-4BC9-4BA9-B2CF-C0DE318DB461
Spanning Data Protection Addendum and Incorporating Standard Contractual Clauses for Controller to Processor Transfers of Personal Data from the EEA to a Third Country This Data Protection Addendum ("
More informationNASA OPEN SOURCE SOFTWARE AGREEMENT
NASA OPEN SOURCE SOFTWARE AGREEMENT NASA OPEN SOURCE AGREEMENT VERSION 1.3 THIS OPEN SOURCE AGREEMENT ("AGREEMENT") DEFINES THE RIGHTS OF USE, REPRODUCTION, DISTRIBUTION, MODIFICATION AND REDISTRIBUTION
More informationAGREEMENT FOR THE PROVISION OF PUBLIC ART
- DRAFT - This is a standardized draft of a contract to commission an artist to complete a public art project under the Cultural Development Commission s Cultural District Program. This document is applicable
More informationUGANDA REVENUE AUTHORITY TERMS AND CONDITIONS FOR WEB PORTAL USE
1. DISCLAIMER NOTICE UGANDA REVENUE AUTHORITY TERMS AND CONDITIONS FOR WEB PORTAL USE The information provided by UGANDA REVENUE AUTHORITY (URA) on the web portal relating to products and services (or
More informationGeneral Conditions of CERN Contracts
ORGANISATION CERN/FC/5312-II/Rev. EUROPÉENNE POUR LA RECHERCHE NUCLÉAIRE CERN EUROPEAN ORGANIZATION FOR NUCLEAR RESEARCH General Conditions of CERN Contracts CERN/FC/6211/II- Original: English/French 14
More informationReinforcing Security of Payment in NSW
Philip Davenport 2011 Despite set backs in the Supreme Court, the NSW Government is firmly behind security of payment and has now strengthened security of payment for subcontractors by giving them the
More informationFreeview LOCAL DIGITAL TELEVISION CHANNEL OPERATOR TRADE MARK LICENCE
Freeview LOCAL DIGITAL TELEVISION CHANNEL OPERATOR TRADE MARK LICENCE THIS LICENCE dated is made BETWEEN: a company incorporated under the laws of with company registration no. and whose principal office
More informationCONDITIONS OF CONTRACT FOR THE SALE OF GOODS AND SERVICES
CONDITIONS OF CONTRACT FOR THE SALE OF GOODS AND SERVICES 1. INTERPRETATION 1.1 In these Conditions:- 1.1.1 "the Contract" means the agreement concluded between the Company and the Contractor for the supply
More informationTENDER NOTICE. SATS Airport Services Pte Ltd (Co Reg. No R)) invites tender for the following:
TENDER NOTICE SATS Airport Services Pte Ltd (Co Reg. No. 198500561R)) invites tender for the following: TENDER NO: DESCRIPTION: Supply, delivery, testing and commissioning on a turnkey basis of one (1)
More informationTerms of Use for Forestry Commission Spatial Data
Terms of Use for Forestry Commission Spatial Data The Forestry Commission creates (or derives) and then publishes a range of information and data. These Terms of Use (ToU) set out how this information
More information10/12/16. ARTIST AGREEMENT FORM for Provision of Artwork
10/12/16 ARTIST AGREEMENT FORM for Provision of Artwork This Artist Agreement is entered into this of, 2016, by and between Jacksonville Zoological Society, Inc. (ZOO), a not-for-profit organization, and
More informationFreeview AERIAL INSTALLER TRADE MARK LICENCE CAI Registered Installers. THIS LICENCE dated is made BETWEEN:
Freeview AERIAL INSTALLER TRADE MARK LICENCE CAI Registered Installers THIS LICENCE dated is made BETWEEN: a company incorporated under the laws of with company registration no. whose principal office
More informationFREEVIEW RENTAL RETAILER TRADE MARK LICENCE. THIS LICENCE dated is made BETWEEN:
FREEVIEW RENTAL RETAILER TRADE MARK LICENCE THIS LICENCE dated is made BETWEEN: a company incorporated under the laws of with company registration no. whose principal office is at: ( the Licensee ); and
More informationEdmund Neuberger PRACTICE CONSTRUCTION, ENGINEERING AND INFRASTRUCTURE. Call Date 2008 //
CONSTRUCTION, ENGINEERING AND INFRASTRUCTURE PROFESSIONAL NEGLIGENCE ENERGY INFORMATION TECHNOLOGY AND TELECOMMUNICATIONS Edmund Neuberger Call Date 2008 // eneuberger@atkinchambers.com PRACTICE Edmund
More informationFreeview CHANNEL OPERATOR TRADE MARK LICENCE FREEVIEW AND FREEVIEW PLAY. THIS LICENCE dated is made BETWEEN:
Freeview CHANNEL OPERATOR TRADE MARK LICENCE FREEVIEW AND FREEVIEW PLAY THIS LICENCE dated is made BETWEEN: [insert] a company incorporated under the laws of England with company registration no. [insert]
More informationNational Day Nurseries Association. NDNA Development Zone Terms & Conditions of Service
NDNA Development Zone Terms & Conditions of Service The Agreement The following agreement ( this Agreement ) describes the terms and conditions on which National Day Nurseries Association (NDNA) offers
More informationALG memos are produced by the ALG to provide information and guidance to the asbestos industry and other interested stakeholders.
Asbestos Licensing Unit (ALU) Asbestos Liaison Group (ALG) ALG Memo 02/12 ALG memos are produced by the ALG to provide information and guidance to the asbestos industry and other interested stakeholders.
More informationInformation Sheet - 01/2012. POBAL Reconciliation of grant related income and expenditure returns to POBAL with the annual financial statements
Information Sheet - 01/2012 POBAL Reconciliation of grant related income and expenditure returns to POBAL with the annual financial statements August 2012 Consultative Committee of Accountancy Bodies in
More informationJISC Collections Open Education User Licence version 1.0
JISC Collections Open Education User Licence version 1.0 This Licence will enable You to use the Work in any way and for any such purposes that are conducive to education, teaching, learning, private study
More informationTENDER NOTICE. AVAILABILITY OF TENDER DOCUMENTS Tenderers are requested to download the Tender Documents from the SATS Website:
TENDER NOTICE SATS Airport Services Pte Ltd (Co Reg. No. 198500561R) invites tenders for the following: TENDER NO: CT1110B031 DESCRIPTION: TENDER FOR THE PROVISION OF MAINTENANCE, REPAIRS, AND MINOR WORKS
More informationMarch 2016 INVESTOR TERMS OF SERVICE
March 2016 INVESTOR TERMS OF SERVICE This Agreement is between you and Financial Pulse Limited and sets out the terms on which Financial Pulse offers you access to and use of certain services via the online
More informationIn Site. Delivery of an adjudicator s decision what happens if it is not delivered in time?
Autumn 2010 Authors: Kevin Greene kevin.greene@klgates.com +44.(0)20.7360.8188 Inga K. Hall inga.hall@klgates.com +44.(0)20.7360.8137 Suzannah E. Boyd suzannah.boyd@klgates.com +44.(0)20.7360.8186 Lee
More informationTax Audit Reports in Tally.ERP 9
in Tally.ERP 9 The information contained in this document is current as of the date of publication and subject to change. Because Tally must respond to changing market conditions, it should not be interpreted
More informationDigital APF General Terms
General Terms (Single User & 3 Multi User) Important NOTICE TO APPLICANTS FOR, AND USERS OF, DIGITAL APF The following terms and conditions specify the basis on which Pharmaceutical Society of Australia
More informationInvitation to Tender (ITT) Instructions
Invitation to Tender (ITT) Instructions 1 Introduction 1.1 Tenderers are advised that all costs incurred either directly or indirectly in preparation, submission or otherwise related to this tender will
More informationCTR Carbide Dies (Birmingham) Ltd & Rectory Tool Company Ltd
CTR Carbide Dies (Birmingham) Ltd & Rectory Tool Company Ltd PURCHASING TERMS & CONDITIONS 1) Definitions The Company shall mean CTR Carbide Dies (Birmingham) Ltd and Rectory Tool Company Ltd. Goods shall
More informationSBM Internet Banking Terms and Conditions
SBM Internet Banking Terms and Conditions 1. Definitions Account means a bank account maintained by a customer in the Republic of Mauritius at any branch, department or subsidiary of SBM Bank (Mauritius)
More informationIf you do not accept any items within our Privacy Policy, Disclaimer or these Terms and Conditions documents, then you must not use the Site
Terms and Conditions This document sets out the terms and conditions under which we (Biggin & Scott Corporate Pty Ltd ACN 1072450689 and its related entities) provide our Site and Services to you. In this
More informationThe Contractor s building defects liability in England and Wales
The Contractor s building defects liability in England and Wales We discuss in this paper in what circumstances can a contractor be found liable for defects discovered by the building occupier several
More informationHome Building Amendment Act 2014 No 24
New South Wales Home Building Amendment Act 2014 No 24 Contents Page 1 Name of Act 2 2 Commencement 2 3 Schedule 2 Amendment of NSW Self Insurance Corporation Act 2004 No 106 48 Schedule 3 Repeals 50 New
More informationCAPTION FINANCIAL SUMMARY
CITY OF PLANO COUNCIL AGENDA ITEM CITY SECRETARY S USE ONLY Consent Regular Statutory Council Meeting Date: September 24, 2012 Department: Environmental Health Department Head Brian Collins Agenda Coordinator
More informationIMPORTANT PLEASE READ CAREFULLY PORTFOLIO END USER AGREEMENT
IMPORTANT PLEASE READ CAREFULLY PORTFOLIO END USER AGREEMENT IMPORTANT PLEASE READ CAREFULLY: This Portfolio End User Agreement (hereinafter, the "Agreement") is a legal and binding agreement between you,
More informationProfessional Services Agreement (short form)
Professional Services Agreement (short form) Contract Details Item No Item Details 1 Project [#insert name of project and description] 2 JCU Name: James Cook University Address: 1 James Cook Drive, Townsville,
More informationConditions of Contract for Purchase of Goods and Services
Conditions of Contract for Purchase of Goods and Services DOCUMENT GOVERNANCE Policy Owner Head of Procurement Effective date 1 March 2017 This policy will be reviewed every six months. CONTENTS 1. DEFINITIONS
More informationWebsite Standard Terms and Conditions of Use
Website Standard Terms and Conditions of Use 1. Acceptance of Terms of Use 2. Modification of Terms 3. Privacy Policy 4. Disclaimers 5. Registration 6. Contributor 7. Limitation of Liability 8. Third Party
More informationSAMPLE SUBCONTRACTOR S PAYMENT BOND FOR DESIGN-BUILD PROJECTS. Document No. 635 First Edition, 2015 Design-Build Institute of America Washington, D.C.
SUBCONTRACTOR S PAYMENT BOND FOR DESIGN-BUILD PROJECTS Document No. 635 First Edition, 2015 Design-Build Institute of America Washington, D.C. Design-Build Institute of America Contract Documents LICENSE
More informationChallenging the Adjudicator s Decision
Jeremy Glover 1. Mr Justice Coulson, no doubt quite deliberately, noted in 2007 that: With challenges based on jurisdiction and natural justice diffi cult (although not of course impossible) to establish
More informationSECTION AGREEMENT
SECTION 00500 - TABLE OF CONTENTS Section Pages Work... 00500-1 Engineer... 00500-1 Contract Times... 00500-1 Contract Price... 00500-2 Payment Procedures... 00500-2 Interest... 00500-3 Contractor's Representations...
More informationTERMS OF USE COPYRIGHT, TRADEMARK AND OTHER INTELLECTUAL PROPERTY RIGHTS
TERMS OF USE 25 May 2018 OWNERSHIP AND AGREEMENT TO TERMS OF USE This website (the Website ) is property of SEWS CABIND S.p.A ( SEWS CABIND ). These terms (the Terms of Use ) contain important information
More informationU. S. DEPARTMENT OF ENERGY WORK FOR OTHERS AGREEMENT WITH A NON-FEDERAL SPONSOR. Strategic Partnership Project Agreement (SPP) No.
[Draft 1 or Rev. m, ## MMM DD] Project Title: U. S. DEPARTMENT OF ENERGY WORK FOR OTHERS AGREEMENT WITH A NON-FEDERAL SPONSOR Strategic Partnership Project Agreement (SPP) No. [FY-nnn] between The Board
More informationCOMMON TERMS AND CONDITIONS FOR CASH MANAGEMENT PRODUCTS & SERVICES
v1.2 (01062015) COMMON TERMS AND CONDITIONS FOR CASH MANAGEMENT PRODUCTS & SERVICES By subscribing or applying for the Banking Services the Applicant agrees to the terms and conditions ( Terms ) below.
More information