We use cookies to give you the best online experience. By using our website you agree to our use of cookies in accordance with our cookie policy. Learn more here.Close Me
You would be surprised how often parties get it wrong and
don't execute their contracts properly. If a document is not
properly executed as a deed then the limitation period reduces to 6
years, instead of 12 years.
If you intend to execute your building contract, sub-contracts,
appointment or any other contracts as deed make sure that you:
1 Sign the full and completed document
1.1 If you have signed a document as a deed,
but it is not complete and pages are to be appended or inserted
once complete, then you have not signed the same physical document
and according to recent case law the deed may be invalid.
1.2 Make sure all of the Contract Documents
which form part of the Contract are appended or physically
present.
1.3 When the last party has signed, then the
Contract can be completed by dating it. Do not date it before it
has been signed by all parties.
Thomas Eggar LLP is a limited liability partnership
registered in England and Wales under registered number OC326278
whose registered office is at The Corn Exchange, Baffin's Lane,
Chichester, West Sussex, PO19 1GE (VAT number 991259583). The word
'partner' refers to a member of the LLP, or an employee or
consultant with equivalent standing and qualifications. A list of
the members of the LLP is displayed at the above address, together
with a list of those non-members who are designated as partners.
Regulated by the Solicitors Regulation Authority. Lexcel and
Investors in People accredited.
Thomas Eggar LLP is not authorised by the Financial
Services Authority. However, we are included on the register
maintained by the Financial Services Authority so that we can carry
on insurance mediation activity which is broadly the advising on,
selling and administering of insurance contracts. This part of our
business, including arrangements for complaints and redress if
something goes wrong, is regulated by the Solicitors Regulation
Authority. The register can be accessed via the Financial Services
Authority website. We can also provide certain further limited
investment services to clients if those services are incidental to
the professional services we have been engaged to provide as
solicitors.
Thesis Asset Management plc, our associated financial
services company, provides a comprehensive range of investment
services and advice. Thesis is owned by members of Thomas Eggar LLP
but is independent of and separate to it. No lawyer connected with
Thomas Eggar LLP provides services through Thesis as a practicing
lawyer regulated by the Solicitors Regulation Authority. Thesis is
authorised and regulated by the Financial Services Authority.
Thesis has its own framework of investor protection and
professional indemnity cover but Thesis clients do not enjoy the
statutory protection of solicitors' clients.
The contents of this article are intended as guidelines for
clients and other readers. It is not a substitute for considered
advice on specific issues. Consequently, we cannot accept any
responsibility for this information or for any errors or
omissions.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
A discussion which highlights the main aspects which should be taken into consideration by an organisation or individual who is looking to undertake work in a territory other than in its home.
Lord Justice Jackson’s cost reforms came into force on 1 April 2013. Though primarily aimed at personal injury litigation, the reforms will affect construction and engineering litigation.
The Court of Appeal has recently refused to amend a legal charge registered at the Land Registry, even though it would have given effect to the parties’ common intention (which had been mistakenly missed out of the charge).
With the current economic climate, landlords are increasingly finding that they have vacant units which they will often wish to secure occupation of on a short term basis, while they market the unit for a longer term let.
Following Judge Pelling QC’s decision in Leisure Norwich (2) Limited & Others v Luminar Lava Ignite Limited (in administration) & Others [2012] EWHC 951 (Ch) (reported in the June 2012 edition of BDB’s Property & Insolvency Bulletin), rent which is incurred prior to a tenant going into administration must be proved like any other pre-administration debt and cannot be paid as an expense of the administration.
The construction sector accounts for nearly 10% of the UK economy and the Government frequently emphasises the important role the sector will play in achieving economic growth.
For many years the appeal courts have been concerned with determining what character of building is a 'house' for the purposes of enfranchisement rights.
The FIDIC Contracts Committee has issued a Guidance Note dealing with the powers of, effect of and the enforcement of Dispute Adjudication Board (DAB) decisions.
Some comments from our readers… “The articles are extremely timely and highly applicable” “I often find critical information not available elsewhere” “As in-house counsel, Mondaq’s service is of great value”
