An Introduction to Building Contracts: an Irish Context
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Deed of Novation and Variation of The
DEED OF NOVATION AND VARIATION OF THE SUPPLEMENTAL FUNDING AGREEMENT FOR LISKEARD HIL.LFORT PRIMARY SCHOOL The Parties to this Deed are: (1) THE SECRETARY OF STATE FOR EDUCATION of Sanctuary Buildings, Great Smith Street, London SW1P 3BT (the “Secretary of State”); (2) ADVENTURE LEARNING ACADEMY TRUST, a charitable company incorporated in England and Wales with registered company number 08614382 whose registered 12th address is at Michelmores LLP, Floor, 6 New Street Square, London, EC4A 3SF (“Outgoing Academy Trust”); and (3) TRURO & PENWITH ACADEMY TRUST, a charitable company incorporated in England and Wales with registered company number 08880841 whose registered address is at College Road, Truro, Cornwall TR1 3XX (“Incoming Academy Trust”), together referred to as the “Parties”. INTRODUCTION A. Liskeard Hillfort Primary School is an academy within the meaning of the Academies Act 2010 (the “Academy”) and is currently operated by the Outgoing Academy Trust (a multi academy trust). S. The Secretary of State and the Outgoing Academy Trust entered into a Supplemental Funding Agreement on 29 May 2014 (the “Agreement”) for the maintenance and funding of the Academy (attached as Schedule 1 “Existing Supplemental Funding Agreement”). C. It is proposed that, with effect from 00.01 am on 1 April 2019 (“Transfer Date”), the Incoming Academy Trust will assume responsibility for the management and operation of the Academy in succession to Outgoing Academy Trust. D. The Parties wish to novate the Agreement to the Incoming Academy Trust and the Secretary of State and the Incoming Academy Trust wish to vary the terms of the Agreement subject to the provisions of this Deed. -
Contracts Course
Contracts A Contract A contract is a legally enforceable agreement between two or more parties with mutual obligations. The remedy at law for breach of contract is "damages" or monetary compensation. In equity, the remedy can be specific performance of the contract or an injunction. Both remedies award the damaged party the "benefit of the bargain" or expectation damages, which are greater than mere reliance damages, as in promissory estoppels. Origin and Scope Contract law is based on the principle expressed in the Latin phrase pacta sunt servanda, which is usually translated "agreements to be kept" but more literally means, "pacts must be kept". Contract law can be classified, as is habitual in civil law systems, as part of a general law of obligations, along with tort, unjust enrichment, and restitution. As a means of economic ordering, contract relies on the notion of consensual exchange and has been extensively discussed in broader economic, sociological, and anthropological terms. In American English, the term extends beyond the legal meaning to encompass a broader category of agreements. Such jurisdictions usually retain a high degree of freedom of contract, with parties largely at liberty to set their own terms. This is in contrast to the civil law, which typically applies certain overarching principles to disputes arising out of contract, as in the French Civil Code. However, contract is a form of economic ordering common throughout the world, and different rules apply in jurisdictions applying civil law (derived from Roman law principles), Islamic law, socialist legal systems, and customary or local law. 2014 All Star Training, Inc. -
Florida Construction Law Compendium
STATE OF FLORIDA CONSTRUCTION LAW COMPENDIUM Prepared by William F. Fink Wicker, Smith, O’Hara, McCoy & Ford, P.A. Grove Plaza Building, 5th Floor 2900 Middle Street (S.W. 28th Terrace) Miami, FL 33133 (305) 448-3939 www.wickersmith.com P. David Brannon Carr Allison 305 S. Gadsden Street Tallahassee, FL 32301 (850) 222-2107 www.carrallison.com Revised 2012 This outline includes a general overview of Florida’s construction law. The discussion of any particular topic is not an exhaustive analysis of all the statutory or common law related to the particular topic but is intended to give a general understanding of the issues. Please consult one of the Florida based USLAW attorneys for assistance with any specific fact pattern and/or issue. I. Breach of Contract Claims I-A: Choice of Law Clauses Florida recognizes a cause of action in the construction context for breach of contract claims. See Metrics Systems Corporation v. McDonald Douglas Corporation, 850 F. Supp. 1568 (N.D.Fla. 1994). The issue of liability is determined on a case by case basis dependant upon the language of the contract at issue. Typically, Florida law will apply to a Florida contract, especially when the terms of the contract itself dictate that Florida law will apply. However, under Florida law, “the law chosen by the contract applies so long as ‘there is a reasonable relationship between the contract and the state whose law is selected and the selected law does not conflict with Florida law or confer an advantage on a non-resident party which a Florida resident does not have.’” Id. -
United States District Court Southern District of Florida
Case 9:16-cv-80076-RLR Document 177 Entered on FLSD Docket 04/25/2018 Page 1 of 14 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 16-80076-Civ-Rosenberg/Brannon INSPIRED DEVELOPMENT GROUP, LLC, Plaintiff, v. INSPIRED PRODUCTS GROUP, LLC, Defendant. ______________________________/ REPORT AND RECOMMENDATION THIS CAUSE is before the Court on Defendant’s Motion for Its Attorneys’ Fees and Costs (“Motion”) [DE 160], Plaintiff’s response in opposition [DE 162], and Defendant’s reply [DE 165], which has been referred to the undersigned for appropriate disposition [DE 175]. Being fully advised, the Court RECOMMENDS that Defendant’s Motion [DE 160] be GRANTED IN PART and DENIED IN PART, and that Defendant be awarded $205,946.80 in attorneys’ fees and Defendant’s request for costs be denied. I. BACKGROUND This case arises from Defendant’s, Inspired Products Group, LLC (“IPG”/“Defendant”), alleged breach of its promise to pay $3 million to Plaintiff, Inspired Development Group (“IDG”/“Plaintiff”), in exchange for using IDG’s character car seat concept and licensing its patents. On December 5, 2016, IPG served on IDG a Proposal for Settlement for $300,000 pursuant to Fla. Stat. § 768.79 (the “Offer”) [DE 160-1], which IDG never accepted. Thereafter, the parties engaged in mediation and filed briefs on motions for summary judgment and motions in limine. On January 25, 2017, the Court granted summary judgment to IPG on Counts II 1 Case 9:16-cv-80076-RLR Document 177 Entered on FLSD Docket 04/25/2018 Page 2 of 14 (breach of contract), III (unjust enrichment), and IV (promissory estoppel) of the four-count complaint.1 On February 2, 2017, the remaining count, Count I for breach of contract, was dismissed with prejudice after the parties entered into a stipulated settlement agreement of $50,000, with IPG to make payment upon conclusion of the appeal or other proceedings in this case. -
Jacob Hale Russell, Rutgers Law School DATE
TO: UPF Civil Law Seminar Participants FROM: Jacob Hale Russell, Rutgers Law School DATE: 6 December 2017 Thanks for the opportunity to present my work-in-progress on unconscionability later this month. I’m attaching a draft of the project, which is at an early stage and still has many flaws to address. My approach and normative conclusions remain very tentative, so I am eager to hear your views, critiques, and suggestions. In addition, although the piece is not comparative in nature, I would be interested in your thoughts on whether I would benefit from any scrutiny of the distinct approaches to unfair terms in consumer contracts in EU private law and in civil law systems. (It may be that those approaches are too different to be relevant for this particular project and my pri- mary focus — how unconscionability, and more broadly consumer protection law, should deal with the heterogeneity of consumers.) I look forward to talking with you all on 18 December. 1 Unconscionability’s Resurrection Jacob Hale Russell Rutgers Law School DRAFT | December 6, 2017 Abstract Reports of unconscionability’s death are greatly exaggerated. The widespread view among courts and scholars is that the common-law con- tracts doctrine is rarely used, except in limiting clauses that purport to waive consumers’ procedural rights. As this Article documents, the doctrine ap- pears to be quietly flourishing in state courts over recent years, used to strike down substantive terms, including interest rates, in consumer finance con- tracts. To name just a few recent examples, courts have rewritten or voided payday loans, signature loans, overdraft fees, and mortgage contracts on the basis of unconscionability. -
Handling Surety Performance Bond and Payment Bond Claims
HANDLING SURETY PERFORMANCE BOND AND PAYMENT BOND CLAIMS R. James Reynolds, Jr. PHILADELPHIA OFFICE CENTRAL PA OFFICE The Curtis Center MARGOLIS P.O. Box 628 170 S. Independence Mall W. Hollidaysburg, PA 16648 Suite 400E 814-659-5064 Philadelphia, PA 19106-3337 EDELSTEIN 215-922-1100 R. James Reynolds, Jr., Esquire SOUTH NEW JERSEY OFFICE (Harrisburg Office) 100 Century Parkway PITTSBURGH OFFICE 3510 Trindle Road Suite 200 525 William Penn Place Mount Laurel, NJ 08054 Suite 3300 Camp Hill, PA 17011 856-727-6000 Pittsburgh, PA 15219 717-975-8114 412-281-4256 FAX 717-975-8124 NORTH NEW JERSEY OFFICE Connell Corporate Center [email protected] WESTERN PA OFFICE Three Hundred Connell Drive 983 Third Street Suite 6200 Beaver, PA 15009 Berkeley Heights, NJ 07922 724-774-6000 908-790-1401 SCRANTON OFFICE DELAWARE OFFICE 220 Penn Avenue 750 Shipyard Drive Suite 305 Suite 102 Scranton, PA 18503 Wilmington, DE 19801 570-342-4231 302-888-1112 www.margolisedelstein.com TABLE OF CONTENTS Page I. Introduction 1 II. Performance Bonds 2 III. Payment Bonds 20 I. Introduction A. What is a surety bond? 1. A surety bond is a three-party agreement between the principal, the obligee, and the surety in which the surety agrees to uphold, for the benefit of the obligee, the contractual obligations of the principal if the principal fails to do so. 2. If the principal fulfills its contractual obligations, the surety's obligation is void. However, if the principal defaults on the underlying contract, the obligee can make a claim against the surety under the surety bond. -
Construction Law Jury Instructions
INDEX CONSTRUCTION LAW JURY INSTRUCTIONS A. The Contract Corresponding WPI 1.1 Contract Definition 301.01 1.2 Offer and Acceptance 301.03 1.3 Intent of the Parties 301.05 1.4 Parole Evidence 301.06 1.5 Quasi Contract 301A.02 B. Mistakes 2.1 Mutual Mistake 301.08 2.2 Unilateral Mistake-Prior to Contract Award 301.09 2.3 Unilateral Mistake-After Contract Award 301.09 2.4 Bid Quotation/Promissory Estoppel 301A.01 C. Claims, Duties and Defenses 3.1 Duty to Investigate 302.02 3.2 Covenant of Good Faith & Fair Dealing 302.11 3.3 Duty Not to Hinder or Interfere 302.08 3.4 Spearin Doctrine Comm. Draft 3.5 Duty to Disclose in Soliciting Bids Comm. Draft 3.6 Waiver/Mike M. Johnson v. Spokane Cty 302.07 1 3519933.1 3.7 Change Orders 301.07 3.8 Implied Warranty of Habitability Comm. Draft 3.9 Substantial Performance 302.03 3.10 Equitable Estoppel 302.05 3.11 Agency 50.01;50.02.01 3.12 Independent Contractor 50.11 3.13 Distinguishing Agent v. Independent Contractor 50.11.01 3.14 Accord and Satisfaction 301.07 3.15 Impossibility/Impracticability 302.09; 302.10 3.16 Concurrent Delay Comm. Draft 3.17 Unforeseen Conditions (Types I and II) Comm. Draft D. Breach 4.1 Breach of Contract 302.01 4.2 Acceleration as Breach of Contract Comm. Draft 4.3 Material Breach 302.03 4.4 Anticipatory Breach 302.04 E. Damages 5.1 Expectation Damages 303.01 5.2. -
Compendium of Maryland Construction
STATE OF MARYLAND CONSTRUCTION LAW COMPENDIUM Prepared by Ami C. Dwyer Franklin & Prokopik, PC 2 North Charles Street Suite 600 Baltimore, MD 21201 (410) 752‐8700 www.fandpnet.com This outline is intended to provide a general overview of Maryland’s construction law. The discussion on any particular topic is not necessarily an indication of the total law related to an area of Maryland’s construction law. Most construction disputes are governed by contract law. With a few variations, the law applicable to construction disputes in Maryland is similar to that found in other states. One important variation to keep in mind is that in negligence claims, Maryland is a contributory negligence state and not a comparative negligence state. I. BREACH OF CONTRACT Maryland recognizes claims for breach of contract between owner and general contractor and between general contractor and subcontractor. There is a general three year statute of limitations when bringing a breach of contract claim in Maryland. MD Code, Courts and Judicial Proceedings, § 5-101. The running of the statute is triggered by the “discovery rule” which states that the statute begins running when the plaintiff knows or reasonably should know of the wrong. DeGroft v. Lancaster Silo Co., Inc., 527 A.2d 1316, 1320 (Md.App. 1987). The exception to the general three year statute of limitations is found in § 5-102(a)(5), which provides a twelve year statute of limitations for contracts made under seal. MD Code, Courts and Judicial Proceedings, § 5-102. The amount of damages recoverable for breach of contract is that which will put the injured party in the monetary position he would have been in had the contract been performed. -
Important Concepts in Contract
Munich Personal RePEc Archive Practical concepts in Contract Law Ehsan, zarrokh 14 August 2008 Online at https://mpra.ub.uni-muenchen.de/10077/ MPRA Paper No. 10077, posted 01 Jan 2009 09:21 UTC Practical concepts in Contract Law Author: EHSAN ZARROKH LL.M at university of Tehran E-mail: [email protected] TEL: 00989183395983 URL: http://www.zarrokh2007.20m.com Abstract A contract is a legally binding exchange of promises or agreement between parties that the law will enforce. Contract law is based on the Latin phrase pacta sunt servanda (literally, promises must be kept) [1]. Breach of a contract is recognised by the law and remedies can be provided. Almost everyone makes contracts everyday. Sometimes written contracts are required, e.g., when buying a house [2]. However the vast majority of contracts can be and are made orally, like buying a law text book, or a coffee at a shop. Contract law can be classified, as is habitual in civil law systems, as part of a general law of obligations (along with tort, unjust enrichment or restitution). Contractual formation Keywords: contract, important concepts, legal analyse, comparative. The Carbolic Smoke Ball offer, which bankrupted the Co. because it could not fulfill the terms it advertised In common law jurisdictions there are three key elements to the creation of a contract. These are offer and acceptance, consideration and an intention to create legal relations. In civil law systems the concept of consideration is not central. In addition, for some contracts formalities must be complied with under what is sometimes called a statute of frauds. -
A Guide to Local Government Construction Projects
A GUIDEBOOK TO LOCAL GOVERNMENT CONSTRUCTION PROJECTS CONSTRUCTION GOVERNMENT LOCAL A GUIDEBOOK TO A Guidebook to Local Government Construction Projects Association County Commissioners of Georgia 50 Hurt Plaza • Suite 1000 Atlanta, GA 30303 Association County Commissioners of Georgia (404) 522-5022 www.accg.org 3rd Edition 2011 Sponsored by A Guidebook to Local Government Construction Projects 3rd Edition March 2011 Table of Contents Introduction ....................................................................................................................................................1 Part I. Useful Terms .....................................................................................................................................3 Part II. Public Works Construction Projects ...................................................................................7 Procuring Public Works Construction Contracts ..........................................................8 Decide Whether The Project Is Subject To The Requirements Of Local Government Public Works Construction Law ................................................................8 Contracts That Are Subject To State Law Requirements ...................................8 Projects and Contracts That Are Not Subject to State Law Requirements...8 Choose A Construction Delivery Method ................................................................... 10 Traditional Design-Bid-Build................................................................................... 10 Design-Build -