SOCIAL - BLOG
PFM @PFM_Magazine
We’ve just heard the sad news that former
editor and founder of the PFM Awards Richard
Byatt died on Friday after a short illness. RIP
Richard and thank you for all your efforts in
the #FacMan sector over many years. https://
www.pfmonthenet.net/article/170948/Death-offormer
PFM-editor-announced.aspx
Owen Gower @OwenGower1
Mental health comes in all shapes and sizes.
Proud to be part of the @LionHeartRICS
#MentalHealth project #StrongerTogether
#MentalHealthAwareness #LoveSurveying
Maggie Procopi
https://www.linkedin.com/in/maggieprocopi/
Delighted to welcome back Dr. Marie Puybaraud
to the platform for Workplace Trends London
this October. JLL’s Global Head of Research
will be discussing the results from their
7,350-strong occupier survey which unearths
the ways companies can create and enhance
engagement, empowerment and fulfilment
among staff through the best use of real estate.
See more on the conference at https://lnkd.in/
er6pdqX and read more about JLL’s Future Of
Work at https://lnkd.in/dSbJEBg
Landsec @LandsecGroup
More @LandsecGroup Retweeted Ministry of
Justice Brilliant to see so many businesses
signing up to help give more job opportunities
to people that need them most. We’ve achieved
great successes with our prison employment
programmes with @the_bounce_back
supported by @MoJGovUK. #community
#employment
18 JUNE 2019
BLOG FROM LAURA RYAN, LEGAL DIRECTOR UK & IRELAND, ATALIAN SERVEST
SIGNED, SEALED, DELIVERED
Entering into contractual arrangements
for the supply of services is an everyday
occurrence for facilities managers and FM
service providers – even when they don’t realise
it. Too o en people mistakenly believe that
there is no binding contract in place between
parties unless and until a contract document
has been negotiated, agreed and signed by
authorised representatives.
Wrong. By law, a contract is formed when
the following key elements coincide: o er;
acceptance; consideration; an intention to
create legal relations; and certainty of terms.
These constituent parts can come into play in
ways other than in writing such as verbally and
through actions. For example, ‘acceptance’ (a
final and unqualified asset to an o er) can be
given and communicated via conduct. So, if a
customer has proposed their standard terms as
the basis for the contract and the FM provider
commences delivery of services before it makes
clear that it wishes to negotiate the terms, so long
as the other key elements of the contract are in
play, it is likely that a contract will be formed.
Determining when, where and how
a contract was formed o en
becomes important during
the life, or at the end, of
the contract (especially
when it comes to matters
such as jurisdiction and
governing law). To ease
the inevitable pain
surrounding contract
administration, it is
always best practice
to ensure that all
contractual terms are
recorded in one written
contract document and signed
by both parties before services
commence. Any FM provider that has
found itself having to terminate or, heaven
forbid, litigate a contract that hasn’t been neatly
recorded in one written document will already
know that.
Once the contract has been formed and the
service is live, it is not unusual for parties to want
to make changes in areas such as service scope
and description, agreed milestones, and pricing
structures. When a contract is being operated
Laura Ryan, Legal Director UK & Ireland, Atalian Servest
successfully and there is a degree of harmony
between the customer and the FM provider, it is
easy to see how and why the parties may seek
to verbally agree modifications to their contract
to suit their wants and desires at a particular
point in time. However, FMs take note: if you
take this laissez faire approach to modifying
a contract, you could be in for a headache if
relationships sour further down the line.
O en, contracts contain express
clauses that place formalities
around how the terms can be
changed, usually specifying
that any variation must
be in writing and signed
by both parties. The
aim of clauses like
this is to exclude the
possibility of informal,
and perhaps inadvertent,
oral variations being made
to a contract. Recent case
law has seen the validity of
practice to ensure that all
contractual terms are recorded
in one written contract
document and signed by both
parties before services
this type of clause debated by the
courts, with the Supreme Court ruling
It is always best
commence.”
that contractual provisions requiring specific
variation formalities must be complied with.
Always be clear about what constitutes
a contract, don’t enter into a binding
agreement when you only intend to come to
an understanding in principle, and never take
a relaxed approach to contract variations or it
might just come back to bite. These are vital
lessons for anyone negotiating or mobilising new
services.
ADVICE & OPINION
/Death-of-former-PFM-editor-announced.aspx
/
/er6pdqX
/dSbJEBg
