Sentences with phrase «of standard form contracts»

However, this approach has recently been called into question in the case of standard form contracts.

Thus the CCDC contracts which are often used between owners and contracts appear to fall within the sort of standard form contracts that the Court of Appeal was discussing.

He has an in - depth knowledge of standard form contracts including JCT, NEC, MF / I, I Chem E and FIDIC.

We have expertise and experience in advising and representing individuals and businesses on contract formation and validity of contracts, whether agreed in writing or otherwise, including a variety of standard form contracts used in commercial and industrial settings.

I have been arguing for years that all of these standard form contracts that are being forced upon us in the 21st century — are about as far from being «offer + acceptance + consideration» as one can get!

«However, as appellate interpretation of standard form contracts will have greater precedential value, this should eventually reduce litigation and limit future contractual disputes around the standard form clauses,» said Bombier.

We can then suggest the strategy which is most suitable, advise on the use of standard form contracts or help craft bespoke documents written in plain English which are tailored to your specific needs.

Where, like here, the matter involves the interpretation of a standard form contract, the interpretation at issue is of precedential value, and there is no meaningful factual matrix specific to the parties to assist the interpretation process, this interpretation is better characterized as a question of law subject to a correctness review.

The interpretation of a standard form contract is significant to more than the immediate parties to the contract.

In Ledcor, the Supreme Court articulated the interpretation of a standard form contract as an exception to the rule that contractual interpretation by a specialized arbitrator is a question of mixed fact and law subject to deferential review on appeal.

In, Ledcor Construction Ltd. v. Northbridge Indemnity Insurance Co, 2016 SCC 37, the Supreme Court of Canada has held that the interpretation of a standard form contract is a matter of law alone, and not a matter of mixed fact and law.

The court held that an appeal from a trial judge's interpretation of a standard form contract, that has precedential value and does not require engagement with any meaningful factual matrix, is a question of law that should be reviewed for correctness.

It relied on another recent decision of the Supreme Court in Ledcor Construction Ltd. v. Northbridge Indemnity Insurance Co, where Wagner J. (as he then was) wrote that interpretation of a standard form contract can, in certain situations, be a question of law subject to correctness review standard (the stricter and less deferential review standard).

Not exact matches

Develop responsible contracting standards for service contracts to ensure that cafeteria workers, janitors, security officers and other onsite service workers are paid a livable wage, receive benefits equitable to those received by directly employed workers, have the right to a voice at work without fear of discrimination or retaliation, do not suffer mass layoffs when contracts change hands, and are protected from misclassification and other forms of wage theft;

Lawyers load up standard - form contracts with one - sided, take - it - or - leave - it terms, often called «contracts of adhesion.»

To maintain the value of the deposit relative to fiat currency RxEAL in cooperation with Maker Dao will offer users to store their deposits inside a smart contract in the form of ERC20 standard compliant Dai Stablecoin.

Even if new forms for marriage contracts or family structure develop into the norm of the future, these standards will still be relevant for they center on the sacredness of life.

DENIAL that the squad remains weighed down by players who are not the right standard and are paid too much meaning that other more suitable Clubs don't want them DENIAL that the only reason Ozil is likely to sign a new contract is down to the fact that no other Club would pay him the same salary on top of any form of transfer fee (same as the «deadwood really»..

Citing the unauthorized modifications to the standard form, along with the submission's failure to «reflect the expected value of facilities or personal services to be provided» to the foundation by the campus, the comptroller's office rejected the contract in December.

It is the charter school, a public school formed by teachers and parents, run according to a contract spelling out their mission, freed of most state mandates, and held accountable to state standards.

In order to fully access the core curriculum and post-secondary educational opportunities in the dominant U.S. culture, Standard English Learners need to be proficient in Standard American and Academic English (e.g., become literate in the forms of English that appear in newspapers, magazines, textbooks, voting materials, and consumer contracts).

A. Every credit services business, before it enters into a contract with a consumer, shall file and maintain with the Commissioner, in form and substance satisfactory to him, a bond with corporate surety from a company authorized to transact business in the Commonwealth, or a letter of credit from a bank insured by the Federal Deposit Insurance Corporation in an amount equal to 100 times the standard fee charged by the credit services business but in no event shall the bond or letter of credit required under this section be less than $ 5,000 or greater than $ 50,000.

A term of a standard form book up contract will be unfair if there is a significant imbalance in the trader's and the consumer's rights, the term is not reasonably necessary and it would cause harm or loss to the consumer.

In addition, although the factual matrix is less relevant for standard form contracts, factors such as the purpose of the contract and the industry in which it operates should nevertheless be considered.

Contracts of adhesion (form contracts offered on a take - it - or - leave - it basis) are held to stricter standards of conscionability than other cContracts of adhesion (form contracts offered on a take - it - or - leave - it basis) are held to stricter standards of conscionability than other ccontracts offered on a take - it - or - leave - it basis) are held to stricter standards of conscionability than other contractscontracts.

These standard contracts are described as a synthesis of the most common language and clauses drawn from a collection of sample contracts and from member - submitted forms and policies.

More specifically, most standard form construction contracts make provision for parties to terminate the contract upon the occurrence of specified breaches of contract, typically including:

Gilbertson Davis LLP has extensive experience in the resolution of disputes concerning contracts and agreements of diverse subject matter in a wide variety of businesses and industries, from single page contracts to complex licensing agreements, including standard form contracts common to the media industry.

Standard forms of construction contracts contemplate such a scenario whereby an extension of time or compensation is payable to the subcontractor if they can not work on site due to a «Weather Event».

Greg Tucker of Owen Bird in Vancouver, who represented the insurance companies, says although he is disappointed with how the court applied the faulty workmanship exclusion to his client's situation, he agrees with the top court's creation of an exception to Sattva for standard form contracts.

Most standard form contracts provide for a series of notices to be given (to enable the party in default to remedy breaches) before a termination can become effective.

«In a standard form contract, for purposes of insuring, consistency of interpretation obviously is a key factor, for the benefit of both insurers and insured.

And you have that, in the form of a standard sales contract (assuming you didn't steal the book).

I have chosen not to discuss language related issues at any length for, except in Government related procurement scenarios, the contracting and negotiation process can be conducted in English in Quebec based on forms of agreements consistent with industry standards.

One respondent said: «There seems to be more and more compliance / regulatory requirements and procurement groups are insisting on using their own form of a standard contract, which is often not appropriate for the services provided resulting in a much greater expenditure of legal time to address the issues.»

This session will take a practical approach to contracts and drafting, including a review of the common elements of a written contract, typical clauses you are likely to encounter, the pros and cons of boilerplate and standard forms, jurisdictional issues, and other situations where your drafting skills may be put to good use.

Most recently, in De Wolf v. Bell ExpressVu the court refused to extend the definition of «interest» to a $ 25 administrative fee on late accounts set out in Bell ExpressVu's standard form contract.

None of the existing standard forms of construction contract are compliant with the Construction Contracts Act 2013.

For almost 130 principles and rules of transnational law, like «venire contra factum proprium», «duty to mitigate» or «compensation for expropriation», the TransLex - Principles provide the user with their black letter text and comprehensive references taken from international arbitral awards, domestic statutes, international conventions, standard contract forms, trade practices and usages, other sample clauses and academic sources.

And, yes, reviewing the short - listed vendors» standard legal contract (s) should also form part of this due diligence effort since choosing a vendor with very unbalanced commercial agreements as an initial starting position will often be a harbinger of difficult negotiations to come.

Whether you are executing a bet - the - company transaction or simply updating your standard employment forms, you will have the full attention of an experienced lawyer who asks the questions that haven't occurred to you yet, who commands a whole spectrum of ways to engineer contract terms to address the issues specific to your business, and who knows how to negotiate — and how to close — to achieve your objectives.

He has experience using a number of internationally recognized standard form construction contracts, such the FIDIC suite of documents.

She has advised on and negotiated bespoke contracts and many of the standard forms of contracts.

He's currently serving a six - year term as an appointed member of the Texas Real Estate Broker - Lawyer Committee — an advisory body to the Texas Real Estate Commission responsible for developing standard real estate contract forms to bring consistency to transactions, increase protection for transaction principals and minimize controversies.

Within the standard forms there is a good deal of choice and customisation and the conditions for a specific project are often based upon standard forms of contract with further bespoke amendments.

Pathagoras helps to streamline the production of all types of documents: standard forms, cover letters, complex contracts and proposals.

The Court reiterated the principles of contractual interpretation as they apply to standard form contracts.

The majority found the standard to be applied was palpable and overriding error because the case did not involve a standard form contract and there was no «extricable error of law» made by the Chambers Judge (see para. 7).

It expressly deals with common practical contractual issues such as battle of forms, conflict between standard and non-standard terms, substituted contract, when interest on damages will accrue and currency in which to assess damages.

By holding that appellate courts are to review interpretation of «standard form» contracts on a correctness standard, the court protects the rule of law.