Topic
Contract Modification
53 published works
Ship Law Log
No Oral Modification clauses
By Elena Evoyan
We have previously dedicated blog posts to so-called “No Oral Modification” or “NOM” clauses. You can find our previous post focusing on the Supreme Court judgment in MWB Business Exchange…
New York Commercial Division Practice
NY Courts Tackle New Issues in a Post-COVID Court: Modification of Pre-COVID Court Orders
As New York courts reopen and the mandatory stay-at-home order is lifted, what remains unclear is how the numerous Executive Orders issued by Governor Andrew M. Cuomo during the COVID-19…
ContractsProf Blog
Alan White Insists on Continuing to Make Sense
The following is a guest post (our first in the new era!) by Alan White.Many thanks to Jeremy for his excellent summary of Stop Teaching Consideration, as usual written with…
Employment Law Worldview
And now for something completely different – EU abuse principles sink self-serving contract variation
Quite a fun little case on TUPE this week, if you like that sort of thing (and on the upside, even if you don't, at least it has nothing to…
Family Business Perspectives
Federal Government Contract Modifications: Pay Attention!
Many family-owned enterprises do business with the Federal government, either as a contractor or a supplier. A recent case decided in the Court of Federal Claims serves as a stark…
Global Workplace Insider
Employees must accept contract changes that avoid dismissals despite s187(1)(c)
By Jason Whyte
Section 187(1)(c) of the LRA provides that it is automatically unfair for an employer to dismiss an employee where the reason for that dismissal is the employee’s refusal to accept…
A Lawyer's Blog
A MODIFIED SEPARATION AGAREEMENT
The safer practice is to have the modification acknowledged. Standard provision I have utilized states "Neither this Agreement nor any provision hereof, including this Article, shall be amended, waived or…
Banking, Finance and Securities
FCA Finalised guidance: Fairness of variation terms in financial services consumer contracts under the Consumer Rights Act 2015
On 19 December 2018, the FCA published Finalised Guidance 18/7: Fairness of variation terms in financial services consumer contracts under the Consumer Rights Act 2015 (FG18/7). In FG18/7, the FCA…
The Contractor's Perspective
Can you be forced to sign this contract modification?
Every year or so, the U.S. Postal Service changes the standard Terms and Conditions that apply to its newly awarded Highway Contract Route (HCR) and Contract Delivery Service (CDS) contacts. When this occurs,…
Constructlaw®
A Fire Destroying More Than Half of the Project Is Not a Cardinal Change Where the Parties Entered into a Separate Agreement to Cover the Fire Remediation Work
IES Commercial, Inc. v. Manhattan Torcon, A Joint Venture, 2018 U.S. Dist. LEXIS 164973 (D. Md. Sept. 26, 2018) In 2009, the Army Corps of Engineers hired Manhattan Torcon Joint…