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In this episode, we explore the landmark case of Hawkins v. McGee (1929) and its critical implications for contract management. Known for the famous “Hairy Hand” ruling, this case highlights key lessons in expectation damages, the risks of over-promising, and the importance of clarity in contract terms. Whether you’re managing service agreements, business transactions, or…
In this episode, we explore Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. (1984), a landmark case in administrative law with significant implications for contract interpretation in regulated industries. The case established the Chevron deference, where courts defer to regulatory agencies’ interpretations of ambiguous federal statutes. For contract managers in highly regulated industries, this…
In this episode, we explore Kásler v. OTP Jelzálogbank (2014), a European Union case that addresses unfair terms in consumer contracts. This landmark ruling by the European Court of Justice emphasized that terms in contracts can be struck down if they create a significant imbalance between the rights of the parties. For contract managers, especially…
In this episode, we explore the seminal case of Lucy v. Zehmer (1954) and its impact on contract law, particularly the objective theory of contracts. This case clarifies that a contract is formed based on the outward expressions and actions of the parties, rather than their hidden intentions. For contract managers, this principle is crucial…
In this episode, we explore the landmark case of Peevyhouse v. Garland Coal & Mining Co. (1963), a case that addresses the issue of damages for breach of contract and introduces the principle of economic waste. This ruling established that when the cost of fulfilling a specific contractual obligation is economically unreasonable, damages may be…
This Skill Bit shows that contracts should clearly state that they supersede any prior agreements, oral or written, and that the client relies only on representations specified in the contract. In case of invalidity, other provisions remain in force. The contract should specify the agreed language, exclude third-party rights, and mandate written amendments signed by…
This Skill Bit shows, that in an EPC contract, the contractor often excludes or limits responsibility for certain site conditions beyond their control. These include sub-soil risks, pre-existing soil contamination, and buried site services not disclosed in surveys. Additionally, adverse weather conditions and existing environmental hazards may fall outside the contractor’s liability. Other uncontrollable factors,…
This Skill Bit shows, that in an EPC contract, the contract’s effectiveness marks the point where obligations and rights become binding. In common law systems, this occurs upon mutual agreement and contract signing, while civil law systems may recognize it through varied means. Commencement of work denotes when the contractor begins fulfilling obligations, often triggered…
This Skill Bit shows that Project Partner Structuring involves organizing, financing, and managing complex projects through various models. In the Contractor Scheme, the owner contracts directly with a main contractor, who may subcontract work. The Consortium Scheme forms temporary alliances, sharing joint liability. Joint Venture Schemes create new entities, with partners sharing profits and losses….
This Skill Bit shows that implied warranties in EPC contracts assure the contractor’s work will meet professional standards and be fit for its intended purpose, even if not explicitly stated. They cover quality, fitness for purpose, and compliance with specifications, complementing express warranties negotiated in the contract. While express warranties are specific and enforceable, implied…
This Skill Bit shows, that the “Contractor’s Default clause” safeguards the Owner against the Contractor’s failure to fulfill contract terms. It outlines specific remedies, often exclusive, to address breaches, ensuring clarity and minimizing disputes. Conditions for termination include a reasonable cure period and clear triggers like failure to pay liquidated damages. Termination is a last…
This Skill Bit shows that contractual remedies in EPC contracts offer a structured approach for addressing breaches and seeking compensation. They include suspension or termination of the contract, allowing the contractor to halt work or end the agreement in severe cases. The recovery of sums due covers direct costs, delayed payments, and additional expenses resulting…
