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Keep up to dateBy Peter Hibberd2019-03-29T06:00:00
Entering a building contract while Brexit is pending demands close attention to fluctuation provisions
Just over two years ago I suggested it was time to brush up on the use and operation of the fluctuation provisions in building contracts. A suggestion spurred by the advent of Brexit and its ambient uncertainty; an uncertainty plain to see. The risk of having entered into contracts that potentially span the Brexit leaving date, without adequate protection from fluctuations, could leave parties in a precarious situation. One can still act to mitigate potential loss but the situation is far more problematic. For those currently entering a building contract a proper risk assessment should be undertaken, with serious consideration given to incorporating the relevant fluctuation provisions.
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