Geoff Brewer of Brewer Consulting looks at the retrospective effect of contracts
Brewer, G.
Geoff Brewer of Brewer Consulting looks at the retrospective effect of contracts - 2001 - Contract Journal 411(6353) 14 November 2001, 25(1) .
Discusses a common habit in the construction industry when parties will often start work on the strength of a letter of intent. When a binding contract has been drawn up and the conditions legally necessary have been agreed, the contract will apply between the parties to regulate their relationships back to the point when work first began. Looks at case law which involved works that started on the strength of a letter of intent which pre-dated the coming into force of the Construction Act 1996. Concentrates in particular on the case "Yarm Road Ltd v Costain Ltd". The issue in this case was not the retrospective operation of the contract, but the operation of a novation agreement.
RETROSPECTIVE EFFECT
HOUSING GRANTS CONSTRUCTION AND REGENERATION ACT 1996
TROLLOPE AND COLLS V ATOMIC POWER CONSTRUCTION
ATLAS CEILING AND PARTITION CO V CROWNGATE ESTATES (CHELTENHAM)
YARM ROAD LTD V COSTAIN LTD
CONSTRUCTION INDUSTRY
Geoff Brewer of Brewer Consulting looks at the retrospective effect of contracts - 2001 - Contract Journal 411(6353) 14 November 2001, 25(1) .
Discusses a common habit in the construction industry when parties will often start work on the strength of a letter of intent. When a binding contract has been drawn up and the conditions legally necessary have been agreed, the contract will apply between the parties to regulate their relationships back to the point when work first began. Looks at case law which involved works that started on the strength of a letter of intent which pre-dated the coming into force of the Construction Act 1996. Concentrates in particular on the case "Yarm Road Ltd v Costain Ltd". The issue in this case was not the retrospective operation of the contract, but the operation of a novation agreement.
RETROSPECTIVE EFFECT
HOUSING GRANTS CONSTRUCTION AND REGENERATION ACT 1996
TROLLOPE AND COLLS V ATOMIC POWER CONSTRUCTION
ATLAS CEILING AND PARTITION CO V CROWNGATE ESTATES (CHELTENHAM)
YARM ROAD LTD V COSTAIN LTD
CONSTRUCTION INDUSTRY