Signed, Sealed & Delivered – Are You Actually In Contract? by Richard Silver
August 31, 2018 | Silver Shemmings
One of the most important questions we at Silver Shemmings Ash LLP consider when approached by clients for advice in relation to a dispute, is whether there is in fact a contract in place between our client and the other side and if so what are its terms?
All too often contracts, subcontracts, appointment agreements etc are not signed and/or letters of intent have been issued, parties assume that there is a contract in place in that works have been commenced, payments have been made, instructions issued etc, but that is not necessarily the case
Establishing the contract and thereafter its terms is vital in either advancing or defending any claim
There are five main elements that must be satisfied in order to enter into a legally binding contract:
1. There must be an offer by one part
2. There must be an unqualified acceptance by the other party
3. There must be consideration except in the case of deeds
4. There must be an intention to create legal relations, this may be absent for example where the two parties are related in same way
5. There must be genuine consent
If you have any questions of a similar nature to this, please feel free to contact myself on firstname.lastname@example.org or another member of the Silver Shemmings Ash team for advice
Author Richard Silver is Senior Partner at Silver Shemmings Ash. He is multi qualified as a Barrister, Solicitor & Chartered Quantity Surveyor with over 30 years of experience in the Construction Industry
Aside from his work globally as a legal advisor, his main focus is dispute resolution, encompassing the Construction, Building, Rail & Civil Engineering sectors. Having acted as Arbitrator, Adjudicator, Mediator, Lead Representative and Expert Witness on quantum, programme & planning he is widely experienced, as Lead Representative & Advocate, in all forms of Dispute Resolution
At Silver Shemmings Ash, we provide seminars and training alongside our core activities in contentious and non-contentious matters, the purpose if these is to facilitate a greater knowledge and understanding of construction and property law, there remains a considered lack of training in such areas for companies and one to which we look to address
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