Related insights: Commercial Contracts

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Why assignment provisions in construction contracts can make all the difference to lenders

09 Jun 2023
Assignment provisions are often found in construction contracts, including collateral warranties, and they are used to transfer the benefit of a construction contract from one party to another. When providing development and real estate finance, there are a number of issues lenders need to consider in relation to assignment of construction documents as part of their overall security package.

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.