February 2016 Archive

Distributor or Agent: why does it matter?

In appointing an agent or distributor, a supplier is effectively outsourcing part of the selling function of its business. A supplier may wish to do this for a number of reasons, including to take advantage of an agent's or distributor's local knowledge and established trade connections, or to save the cost of having to establish its own selling operation and sales force in a particular territory.

Standard definition of defects

There is no recognized standard definition of defects. However, a definition that is easy to follow is given in the leading textbook Hudson’s Building and Engineering Contracts as work which fails to comply with the express descriptions or requirements of the contract, including very importantly, any drawings or specifications, together with any implied terms as to its quality, workmanship, performance or design.

What happens when materials cannot be procured?

The JCT 1998 edition, Private With Quantities form of building contract provided at clause 25.4.10 that the Contractor was entitled to an extension of time on the grounds that the Contractor was unable to secure essential labour and materials for reasons beyond his control and which he could not reasonably have foreseen at the base date.

An ESOS Update

In February last year, we outlined the eligibility criteria determining which organisations have to comply with the Energy Savings Opportunity Scheme (‘ESOS’) as well as drawing attention to the compliance procedure and penalties for non-compliance.
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