In Construction contracts, are milestone payments a valid payment mechanism for determining what payments become due and when? A recent Court of Appeal case confirmed that parties are free to agree a mechanism for interim payments based on progress of the works, as opposed to the value of the works. The courts will only interfere with an agreed payment mechanism where it is so unclear as to be unviable.
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Latest Commercial property articles
Best Endeavours and Reasonable Endeavours: how far do you have to go to meet a contractual obligation?
Any lease, supply contract or construction contract will more than likely have a clause requiring a party to use certain endeavours to satisfy their contractual obligations. The common examples of "best endeavours", "all reasonable endeavours" and "reasonable endeavours" are a recurring source of dispute when relations between the contracting parties break down. So what do they mean in practice?
The Supreme Court judgment in MacDonald and another v Carnbroe Estates Ltd has reframed the remedies available to the court when there has been a transfer at undervalue. Harper Macleod LLP represented the joint liquidators in this action, successfully arguing that the transaction should be reduced as a transfer at undervalue.
The Planning (Scotland) Act 2019 received Royal Assent earlier this year. Although the reforms to planning controls over short-term lets aren't as radical as the amendments proposed at earlier stages, it is worth looking at how the Act changes what permission is needed to rent a property as short stay accommodation.
The latest Scottish court decision on a challenge to an adjudication award somewhat predictably saw the court enforcing the adjudicator's award. It is likely that future enforcement actions will be concluded in a much shorter timeframe than this one was.