000 01304cam a2200229 4500
001 ABS68787
008 050317n2005 000 0 eng u
035 _a(Sirsi) u129083
100 _aKlein, R.
245 _aBeware of contracts nonsense
260 _c2005
490 _aConstruction News
_v(6907) 10 March 2005, 15(1)
520 _aDescribes "Koch Hightex v New Millennium Experience Company" ([1999] EWCA Civ ?, [2000] CILL 1595) which is an example of where a clause is written which requires contractors and subcontractors to provide guarantees or bonds as a condition precedent to payment. Explains that these clauses are usually meaningless because they are not well understood and the courts will usually interpret the contract in a way that works against the party that wrote the contract. The New Millennium's payment clause was dismissed as commercial nonsense by the judge as it insisted upon Koch Hightex providing the work without payment until the necessary security was achieved.
590 _aABS
650 _aBUILT ENVIRONMENT-BUILDING CONTRACT FORMS
650 _aKOCH HIGHTEX GMBH V NEW MILLENNIUM EXPERIENCE COMPANY LTD
650 _aCONTRACT CLAUSES
650 _aGUARANTEES
650 _aBONDS
690 _aBUILT ENVIRONMENT-BUILDING CONTRACT FORMS
942 _n0
999 _c74937
_d74937