Recitals in construction contracts - Revision history

Designing Buildings: Reverted edits by 168.167.136.213 (talk) to last revision by Designing Buildings

2021-03-28T16:27:40Z

Reverted edits by 168.167.136.213 (talk) to last revision by Designing Buildings

Can't load revision 199444

at 14:26, 28 March 2021

2021-03-28T14:26:22Z

Can't load revision 199439

Designing Buildings at 07:20, 24 September 2020

2020-09-24T07:20:53Z

← Older revision		Revision as of 07:20, 24 September 2020
Line 1:		Line 1:
−
	Recitals are the introductory statements in a written agreement or deed, generally appearing at the beginning, and similar to the preamble. They set out a précis of the parties' intentions; what the contract is for, who the parties are and so on. Recitals usually appear in documents after the words 'whereas' and before the words 'now it is hereby agreed as follows', the latter phrase introducing the operative or main conditions of the agreement.		Recitals are the introductory statements in a written agreement or deed, generally appearing at the beginning, and similar to the preamble. They set out a précis of the parties' intentions; what the contract is for, who the parties are and so on. Recitals usually appear in documents after the words 'whereas' and before the words 'now it is hereby agreed as follows', the latter phrase introducing the operative or main conditions of the agreement.

	The recitals are not intended to include the rights or obligations of the parties, but are scene-setting, or explanatory in nature. However, care should be taken when drafting recitals, as, if there is any ambiguity or uncertainty arising from the operative or main conditions of the agreement the courts may look at the recitals in order to establish the intentions of the parties to the agreement.		The recitals are not intended to include the rights or obligations of the parties, but are scene-setting, or explanatory in nature. However, care should be taken when drafting recitals, as, if there is any ambiguity or uncertainty arising from the operative or main conditions of the agreement the courts may look at the recitals in order to establish the intentions of the parties to the agreement.

−	It is also important to note that the intentions of the parties as evinced by the recitals may be relevant to the court's consideration of whether or not to imply a term into the agreement.~~<br/>~~	+	It is also important to note that the intentions of the parties as evinced by the recitals may be relevant to the court's consideration of whether or not to imply a term into the agreement.

−	= ~~Find out more~~ =	+	= Related articles on Designing Buildings Wiki =

−	~~=== Related articles on Designing Buildings Wiki ===~~	+	* Appointing consultants.
−	*Appointing consultants.	+	* Construction contract.
−	*Construction contract.	+	* Contract conditions.
−	*Contract conditions.	+	* Contract documents.
−	*Contract documents.	+	* Contract particulars.
−	*Contract particulars.	+	* Implied terms.
−	*Implied terms.	+	* Procurement route.
−	*Procurement route.	+

−	[[Category:Contracts_/_payment]]	+	[[Category:DCN_Definition]] [[Category:DCN_Guidance]] [[Category:Contracts_/_payment]]

Designing Buildings at 08:17, 17 March 2015

2015-03-17T08:17:59Z

← Older revision		Revision as of 08:17, 17 March 2015
Line 9:		Line 9:

	=== Related articles on Designing Buildings Wiki ===		=== Related articles on Designing Buildings Wiki ===
−	*~~Contract~~.	+	*Appointing consultants.
		+	*Construction contract.
	*Contract conditions.		*Contract conditions.
	*Contract documents.		*Contract documents.

Designing Buildings: moved Contract recitals to Recitals in construction contracts

2015-03-17T08:17:26Z

moved Contract recitals to Recitals in construction contracts

← Older revision

Revision as of 08:17, 17 March 2015

Designing Buildings at 04:54, 12 August 2014

2014-08-12T04:54:15Z

← Older revision		Revision as of 04:54, 12 August 2014
Line 1:		Line 1:

−	Recitals are the introductory statements in a written agreement or deed, generally appearing at the beginning, and similar to the preamble. They set out a précis of the parties' intentions; what the contract is for, who the parties are and so on. Recitals usually appear in documents after the words 'whereas' and before the words 'now it is hereby agreed as follows', the latter phrase introducing the operative or main conditions of the agreement.~~<br/>~~The recitals are not intended to include ~~any~~ rights or obligations of the parties, ~~and~~ are ~~merely~~ scene-setting, or explanatory in nature. However, care should be taken when drafting recitals, as, if there is any ambiguity or uncertainty arising from the operative or main conditions of the agreement the courts ~~will~~ look at the recitals in order to establish the intentions of the parties to the agreement.~~<br/>~~It is also important to note that the intentions of the parties as evinced by the recitals may be relevant to the court's consideration of whether or not to imply a term into the agreement.<br/>	+	Recitals are the introductory statements in a written agreement or deed, generally appearing at the beginning, and similar to the preamble. They set out a précis of the parties' intentions; what the contract is for, who the parties are and so on. Recitals usually appear in documents after the words 'whereas' and before the words 'now it is hereby agreed as follows', the latter phrase introducing the operative or main conditions of the agreement.
		+
		+	The recitals are not intended to include the rights or obligations of the parties, but are scene-setting, or explanatory in nature. However, care should be taken when drafting recitals, as, if there is any ambiguity or uncertainty arising from the operative or main conditions of the agreement the courts may look at the recitals in order to establish the intentions of the parties to the agreement.
		+
		+	It is also important to note that the intentions of the parties as evinced by the recitals may be relevant to the court's consideration of whether or not to imply a term into the agreement.<br/>

	= Find out more =		= Find out more =
Line 10:		Line 14:
	*Contract particulars.		*Contract particulars.
	*Implied terms.		*Implied terms.
		+	*Procurement route.

	[[Category:Contracts_/_payment]]		[[Category:Contracts_/_payment]]

Designing Buildings at 04:52, 12 August 2014

2014-08-12T04:52:31Z

← Older revision		Revision as of 04:52, 12 August 2014
Line 1:		Line 1:

−	Recitals are the introductory statements in a written agreement or deed ~~setting~~ out a précis of the parties' intentions. Recitals usually appear in documents after the words 'whereas' and before the words 'now it is hereby agreed as follows', the latter phrase introducing the operative or main conditions of the agreement.	+	Recitals are the introductory statements in a written agreement or deed, generally appearing at the beginning, and similar to the preamble. They set out a précis of the parties' intentions; what the contract is for, who the parties are and so on. Recitals usually appear in documents after the words 'whereas' and before the words 'now it is hereby agreed as follows', the latter phrase introducing the operative or main conditions of the agreement.<br/>The recitals are not intended to include any rights or obligations of the parties, and are merely scene-setting, or explanatory in nature. However, care should be taken when drafting recitals, as, if there is any ambiguity or uncertainty arising from the operative or main conditions of the agreement the courts will look at the recitals in order to establish the intentions of the parties to the agreement.<br/>It is also important to note that the intentions of the parties as evinced by the recitals may be relevant to the court's consideration of whether or not to imply a term into the agreement.<br/>
−		+
−	If there is any ambiguity or uncertainty arising from the operative or main conditions of the agreement the courts will look at the recitals in order to establish the intentions of the parties to the agreement. It is also important to note that the intentions of the parties as evinced by the recitals may be relevant to the court's consideration of whether or not to imply a term into the agreement.	+

	= Find out more =		= Find out more =

Designing Buildings: moved Recitals to Contract recitals

2014-08-12T04:46:51Z

moved Recitals to Contract recitals

← Older revision

Revision as of 04:46, 12 August 2014

94.66.159.164 at 04:45, 12 August 2014

2014-08-12T04:45:54Z

← Older revision		Revision as of 04:45, 12 August 2014
Line 1:		Line 1:

−	Recitals are the introductory statements in a written agreement or deed setting out a précis of the parties' intentions. Recitals usually appear in documents after the words 'whereas' and before the words 'now it is hereby agreed as follows', the latter phrase introducing the operative or main conditions of the agreement.	+	Recitals are the introductory statements in a written agreement or deed setting out a précis of the parties' intentions. Recitals usually appear in documents after the words 'whereas' and before the words 'now it is hereby agreed as follows', the latter phrase introducing the operative or main conditions of the agreement.

	If there is any ambiguity or uncertainty arising from the operative or main conditions of the agreement the courts will look at the recitals in order to establish the intentions of the parties to the agreement. It is also important to note that the intentions of the parties as evinced by the recitals may be relevant to the court's consideration of whether or not to imply a term into the agreement.		If there is any ambiguity or uncertainty arising from the operative or main conditions of the agreement the courts will look at the recitals in order to establish the intentions of the parties to the agreement. It is also important to note that the intentions of the parties as evinced by the recitals may be relevant to the court's consideration of whether or not to imply a term into the agreement.

−	= Find out more =	+	= Find out more =

	=== Related articles on Designing Buildings Wiki ===		=== Related articles on Designing Buildings Wiki ===
Line 10:		Line 10:
	*Contract conditions.		*Contract conditions.
	*Contract documents.		*Contract documents.
		+	*Contract particulars.
	*Implied terms.		*Implied terms.

	[[Category:Contracts_/_payment]]		[[Category:Contracts_/_payment]]

Designing Buildings: Created page with " Recitals are the introductory statements in a written agreement or deed setting out a précis of the parties' intentions. Recitals usually appear in documents after the words 'w..."

2013-06-10T15:42:55Z

Created page with " Recitals are the introductory statements in a written agreement or deed setting out a précis of the parties' intentions. Recitals usually appear in documents after the words 'w..."

New page

Recitals are the introductory statements in a written agreement or deed setting out a précis of the parties' intentions. Recitals usually appear in documents after the words 'whereas' and before the words 'now it is hereby agreed as follows', the latter phrase introducing the operative or main conditions of the agreement.

If there is any ambiguity or uncertainty arising from the operative or main conditions of the agreement the courts will look at the recitals in order to establish the intentions of the parties to the agreement. It is also important to note that the intentions of the parties as evinced by the recitals may be relevant to the court's consideration of whether or not to imply a term into the agreement.

= Find out more =

=== Related articles on Designing Buildings Wiki ===
*Contract.
*Contract conditions.
*Contract documents.
*Implied terms.

[[Category:Contracts_/_payment]]