The contract is king ... and queen - the use of entire agreement clauses in construction contracts

Roberta Downey

May 2003

A paper based on the highly commended entry in the Hudson Prize Competition
2002

The paper looks at two questions: first, is the construction industry's
practice and perception of what it believes it has obtained in the
wording of its entire agreement and exclusive remedy provisions consistent
with
the law? Secondly, can such provisions ever achieve what they purport
to achieve, given the loopholes that may be available to a party who
wishes to escape from the confines of its contract? oberta Downey
looks at the results of a questionnaire survey carried out in 2002
to identify
the industry's perception of entire agreement/exclusive remedy provisions,
and then considers the law, including the cases where the courts have
considered such clauses.

Introduction - The practice - The perception - The reality of the law
- Limits on the freedom to contract - How to get around the four corners
of the contract? The conclusion

The author: oberta Downey is a partner and solicitor-advocate with
Lovells, solicitors in London, where she is based in the Projects (Engineering
and Construction) Group, specialising in dispute resolution.

Text: 14 pages
PDF file size: 100k