When efficacy is merely a matter of construction
Language: English Series: Estates Gazette ; (0539) 1 October 2005, 133 (1)Publication details: 2005Subject(s): Summary: Considers the use of entire agreement clauses in construction contracts as a method of avoiding a variety of potential disputes. Advises however that they must be drafted with care: drafting of this kind of clause has been quite individual as there has never really been a standard form. The entire agreement clause must be wider than a mere statement that the written document forms the entirety of the agreement. Discusses the case law relevant to entire agreement clauses. Concludes that as long as parties seek to narrow the scope for their collateral liability, entire agreement clauses will continue to be ripe for scrutiny.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | L131240 (Browse shelf(Opens below)) | 1 | Available | 131240-1001 |
Considers the use of entire agreement clauses in construction contracts as a method of avoiding a variety of potential disputes. Advises however that they must be drafted with care: drafting of this kind of clause has been quite individual as there has never really been a standard form. The entire agreement clause must be wider than a mere statement that the written document forms the entirety of the agreement. Discusses the case law relevant to entire agreement clauses. Concludes that as long as parties seek to narrow the scope for their collateral liability, entire agreement clauses will continue to be ripe for scrutiny.