Rosemary Beales ACE CIBSE-Presentation · ACE Professional Services Agreement Including Guidance...
Transcript of Rosemary Beales ACE CIBSE-Presentation · ACE Professional Services Agreement Including Guidance...
Rosemary BealesAssociation for Consultancy and Engineering
THE CASE FOR FORMALITY IN BUSINESS AGREEMENTS
• Rationale for formality
• Know your contract
• Beware bespoke contracts
• Incorporation by reference
• Advantages of Standard Forms
• ACE Agreements
• Key protections - Risk
• Industry norms
• Incorporation of bespoke matters
• Schedules of Services
Alistair DayChief Counsel, UK&IAecom
Key issues for your contracts – an industry perspective
Key issues for your contracts – an industry perspectiveThe “Basics”
• Skill and care – what is appropriate?• Client obligations – what do you need and expect from your client?• Payment terms • Limits on liability:• Overall limit on liability; and• Exclusion of consequential loss
• Third Party Reliance/Collateral Warranties
Key issues for your contracts – an industry perspective
Anticipating the unexpected• Preserving Intellectual Property rights – why is it important?• Getting risk apportionment right – who should take what risk?• BIM • Dispute resolution – key considerations best addressed at contract negotiation
phase.• Never underestimate the Schedule of Services!
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