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EPC (engineering, procurement, and construction) contracts emerged in the 1970s and 1980s as a response to the increasing complexity of large oil, gas, and power projects. By bundling all three [...]

When it comes to supply, manufacturing, or other product or service transactions and arrangements (purchase orders, service agreements, sale terms and conditions), it is surprising how many companies rely on [...]

On the heels of Halloween, as employers turn to preparing for the roll-out of new policies or handbooks in the new year, it's worth considering how employees might go about [...]

In Todd Brothers Contracting Ltd. v. Wessuc Inc1, the Ontario Superior Court of Justice was faced with a request for relief from forfeiture in relation to the not-unusual scenario of [...]

Businesses and individuals are increasingly reliant on technology contracts to define relationships and manage services exchanged between one another. Whether it's a simple subscription agreement or a master services agreement [...]

The success of carbon projects hinges not only on ecological factors but also on the legal and contractual frameworks that govern them. This article delves into the legal and contractual [...]

What is a smart contract and why use one? The Law Commission's 2021 report into smart contracts defines a 'smart legal contract' as: 'a legally binding contract in which some [...]

AcuityMD, a technology provider to the commercial medical technology (MedTech) industry, reported results of a new survey quantifying the value of contracts and the severity of poor contract management in [...]

What Currency Should I Use in My China Contract? As lawyers, we spend a lot of time fielding good, bad, weird, interesting, deep, superficial, and all types of other questions [...]

A force majeure clause is a part of many contracts designed to protect parties when extraordinary events prevent them from fulfilling their obligations. These extraordinary events, often called 'acts of [...]

Contract negotiations are often perceived as a task best left to lawyers. However, the truth is that the most effective approach to negotiation is a collaborative one. By requesting input [...]

In the world of commercial contracts, redlining is a critical process for making proposed edits and adding commentary to draft agreements. Done correctly, redlining can streamline negotiations and foster more [...]

The client (Client) is an American multinational corporation that develops and markets networking products, including routers, switches, network management software, network security products, and software-defined networking technology. Challenge The Client [...]

Good written agreements are essential for any business relationship or transaction. They set out the framework for the arrangement and govern the responsibilities and obligations of each party, minimizing the [...]

Practical skills and exposure to contract drafting, review, and negotiation are crucial for law and management students, professionals, as well as in-house counsel. These competencies are essential for several reasons: [...]

Introduction In the case Aretrop Limited (C49725) (the 'Claimant Company') vs Foundation for Tomorrow's Schools (the 'Foundation') & the Hon. Dr. Justyne Caruana in her capacity as Education Minister (the [...]

We are inundated with requests and questions on the above subject almost on a daily basis. With a very limited bandwidth to impart practical training to limited professionals / students, [...]

This article provides a nonexhaustive overview of key terms that should be considered to enable businesses to effectively integrate international standards into their contractual agreements when managing AI or international [...]

The Nature Representations and warranties are key elements of commercial contracts, acting as formal statements of fact that parties count on while finalising a contractual relationship. For example, a seller [...]

The key points to consider when drafting online consumer contracts. Crafting effective online Terms and Conditions (T&Cs) for consumer contracts is increasingly vital for businesses in a digital world. In [...]

It has become common practice for parties to an agreement to use efforts standards when imposing obligations on one another. The agreements in which the efforts standards are imposed range [...]

Gowling WLG are advising many developers, investors, lenders and contractors on Battery Energy Storage System (BESS) projects globally. The BESS industry is one of the fastest growing technologies in the [...]

Legal and Contractual Strategies for Minimizing Risk and Overcoming Challenges The retail industry is dynamic, constantly evolving to meet consumer demands. Retailers face intense competition from other brick and mortar [...]

A. Introduction As it is known, Cloud Computing Systems ('CCS') can be defined as the provision of computing services including but not limited to servers, storage, databases, software, networks and [...]

Chapter 1 The Bid 'I did not agree to do the electrical work. I never agree to do the electrical work.' That's what Josh from Super Door Subcontractor told me [...]

In the second part of our series on the procurement and deployment of AI solutions, we outline below some practical tips for organisations on key areas to address when contracting [...]

Byline: Jason Boleman Following a 2021 U.S. Supreme Court decision, college athletes have an unprecedented opportunity to profit from their name, image and likeness creating an intersection between the commonwealth's [...]

Whether you're a performer, investor, producer, or other entertainment industry professional, drafting proper entertainment contracts is key to reducing legal exposure, protecting your intellectual property, and avoiding misunderstandings. The entertainment [...]

Lawyers at times, face resistance from clients when they advise clients to execute written contracts. The general presumption in clients' mind is that the lawyer would suggest a written contract [...]

Jonathan Jex - Jex Capital Allowances Jonathan of JexCA explains how pre-contract enquiries are often misleading and the pitfalls of not scrutinising the replies CPSE is the best practice approach [...]

Virtually all contracts have payment-related provisions which can span a wide variety of ancillary issues, including invoicing, disputes over invoiced amounts, timing of payments, and remedies for late payments. When [...]

Terms and conditions are frequently used in business in relation to supplies and purchases of goods and services and to set out rules of website use. Notwithstanding a heavy reliance [...]

The term commercially reasonable efforts (CRE) is often used in life sciences contracts. Yet while it may be familiar on the page, what does it really mean in practice? When [...]

There is a phrase known as 'over-lawyering' and many businesses may feel that they have trusted relationships with suppliers and customers and therefore do not need written terms and conditions. [...]

Taking time to put mechanisms in place that will aid dispute avoidance and plan for alternative scenarios and potential outcomes is crucial to managing any commercial relationship. Often, where issues [...]

With spring upon us, the construction industry is buzzing. As your company looks at upcoming construction projects in the pipeline, now is a great time to consider optimizing processes for [...]

Contract management is an entire skill unto itself, and as such is often the responsibility of a dedicated employee within the company. With the volume of contracts constantly increasing, it [...]

Closing or execution of a contract - every party's dream come true! Contracts are like a childbirth - so much of expectations, precautions, treatments, pain and what not. Prior to [...]