Rosemary Beales Associat ation for Consultan ancy an and En - - PowerPoint PPT Presentation

Rosemary Beales Associat ation for Consultan ancy an and En Engineering

THE CASE FOR FORMALITY IN BUSINESS AGREEMENTS

• Rationale for formality
• Know your contract
• Beware bespoke contracts
• Incorporation by reference
• Advantages of Standard Forms

• ACE Agreements
• Key protections - Risk
• Industry norms
• Incorporation of bespoke matters
• Schedules of Services

Alistair Day Chi Chief ef Co Couns unsel el, UK&I Ae Aecom Key issues for your contrac acts – an an in industry p pers rspectiv ive

Key issues for your contracts – an industry perspective The “Basics”

• Skill and care – what is appropriate?
• Client obligations – what do you need and expect from your client?
• Payment terms
• Limits on liability:
• Overall limit on liability; and
• Exclusion of consequential loss
• Third Party Reliance/Collateral Warranties

Key issues for your contracts – an industry perspective Anticipating the unexpected

• Preserving Intellectual Property rights – why is it important?
• Getting risk apportionment right – who should take what risk?
• BIM
• Dispute resolution – key considerations best addressed at contract negotiation

phase.

• Never underestimate the Schedule of Services!

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