Related insights: Commercial Contracts

Contracting with suppliers in the pandemic – addressing uncertainty

23 Apr 2020
Negotiating a contract can be a challenge, and more so in these uncertain times. If you are a customer in the midst of negotiating an agreement for goods or services and are concerned about protecting your business and securing the supply chain, this article should be of interest to you. In this article, we consider some of the key terms you may want to think about when discussing a contract for supply of goods and/or services in the current climate, and included suggestions which may help you achieve robust and flexible supply terms.
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Brexit: frustration and force majeure

05 Mar 2019
The alarm bells started to ring with the third client email asking for confirmation that the High Court ruling in EMA v Canary Wharf [2019] EWHC 335 (Ch) definitely means that Brexit cannot be regarded as a "force majeure" event. The ruling does not have that effect. Frustration and force majeure are different concepts, and it remains possible that an express force majeure clause might suspend or release contractual obligations that are made impossible – or even just more difficult or expensive – to perform as a result of Brexit.

Contractual terms - from cradle to the grave

19 Dec 2018
Professor Ewan McKendrick's annual contract law updates are a highly valued element of our Informed Counsel programme. Professor McKendrick's session opened our inaugural Informed Counsel conferences in London and Newcastle, and took us (in contractual terms) from cradle to grave. Here are the practical highlights.
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Bond Dickinson joins the Accord Project to realise the future of law through connected contracts

31 Jul 2017
ontract management systems do not manage contracts. Many provide excellent account management functions, allowing organisations and enterprises to compare supplier performance in relation to prices, deadlines and other metrics. However, they work only by reference to data extracted from contractual documents, and not by reference to the contracts themselves. Whether that data is extracted manually or through increasingly sophisticated document reading software, the result is a gap between the contract and the data that is actually being used to manage the contractual relationship.
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A warning to check your payment schedules

17 Oct 2016
We previously considered the case of Bouygues (UK) Ltd v Febrey Structures Ltd as the latest decision on interim payments which has been before the courts.

Since then, on 13 October 2016, the appeal decision has been handed down in the case of Balfour Beatty Regional Construction Ltd v Grove Developments Ltd. This case considered a contractor's right to make an interim application in circumstances where the payment schedule in the contract provided for 23 interim applications only and had not taken into account that the project could overrun and that further payment applications may be needed.
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Will our exit from the EU affect the operation or performance of contracts?

21 Jul 2016
Parties to contracts with a term that will extend beyond the date of the exit would be well advised to consider whether the consequences of Brexit will affect the operation or performance of their contracts. For example, if in practice a contract can only be performed because of some feature of EU law, such as free movement of goods, then a result of the UK leaving the EU may be that the contract is frustrated or performance excused because of its force majeure provisions.