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In my opinion, besides redesigning, they should also cover the Contractor's damages in case of material/equipment replacement for faulty design. What is the dominant market standard?
I am new to IACCM and looking for some inputs from the experienced members on the following points related to Force Majeure from IT Service provider/ Supplier perspective: 1. What should be the reasonable timeline you have with regard to rights of customer to terminate post a Force Majeure event. Is 15-20 days can be called reasonable especially in COVID like situation? 2. What is your experience on the clause giving right to customer for obtaining Services from an alternate vendor? 3. Is it is standard practice for the prevailing (Customer) party to be seek recovery of costs from the Supplier Party? Thanks in Advance for the replies.
Hi All -- Looking for any insights as whether you require signed purchase orders for goods and services or not (esp. for U.S. transactions). On the one hand, it's a lot of work to chase signatures, especially on low-dollar POs, but on the other hand it seems like not having signatures could lead to POs being arguably unenforceable. Thanks!
The High Court has held that a contract can, where the negotiations are complex, be made in two different jurisdictions. The decision has important ramifications in relation to where proceedings may be issued and therefore affects issues of both certainty and flexibility of where proceedings take place.
Anyone holding bitcoin would have watched the market with alarm in recent weeks. The virtual currency, whose price other cryptocurrencies like ethereum and litecoin largely follow, plummeted from more than US$10,000 (£8,206) in mid-February to briefly below US$4,000 on March 13. Despite recovering to the mid-US$6,000s at the time of writing, some doomsayers have even wondered whether bitcoin will soon spiral back into three figures.
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Hi All I am not looking for any specific legal advice but was trying to find resources or any insights to help me understand the differences between Arizona (or other states) and Delaware when creating agreements. We are UK Based and operate most contracts under England & Wales Jurisdictions. However our US Entity is incorporated in Delaware and we also have a registered office in Texas, and we do operate in a number of other states. Our default is to try and do everything with our US Entity & Contracts under Delaware law. As we expand we are being asked to enter into more agreements based on other State jurisdictions. Any guidance on resources where we can get a basic understanding of the differences between states or other considerations from your practical/personal experience would be great.
My employer deals with contract cost by using service level agreements that are well defined, allowing for efficient change control process and mitigating conflict through a robust governance structure with the client.
Can coronavirus considered as a force majeure in contract management ?
See below link to the CRT in British Columbia, Canada. A great innovation in Judicial System for small conflict and dispute resolution. https://civilresolutionbc.ca/
Some of the items of our construction project were on Actual cost basis, wherein we paid 15% mark-up to contractor over their subcontractors' invoiced amount. Before issuing final completion certificate, some deficiencies were noted e.g. settlement of backfill, sloughing. Contractor is asking us to pay for all the repair/remedial works since it is cost plus item. We argued that we have paid fully, and deficiencies are mainly due to your workmanship, so why should owner pay for it again. There is no clear contract clause for it. What are your views!
If a buyer awards a call off contract after a framework expires (even though they started sourcing exercise prior to framework expiry), is the call off contract valid?
Wondering if anyone knows any good or standard Anticipatory Breach/Repudiation clauses for commercial contracts and whether if it's common to place it together with the material breach? especially the ones that favor more to buyer side.
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