header-logo header-logo

05 June 2015 / Chris Nillesen
Issue: 7655 / Categories: Features , Procedure & practice
printer mail-detail

Change happens

nlj_7655_nillesen

Contractual changes can be agreed despite not meeting contract formalities, says Chris Nillesen

The recent cases of Globe Motors Inc and others v TRW Lucas Varity Electric Steering Ltd [2014] EHWC 3718 (Comm) and Virulite LLC v Virulite Distribution Ltd [2014] EHWC 366 (QB), [2014] All ER (D) 37 (Mar) serve as timely reminders of the importance of understanding how changes to contracts can be agreed and what contracting parties should be aware of.

Forever friends

Long term contractual relationships, whether for the acquisition of goods or services are invariably subject to change. Prices, laws, contracting parties, technology, standards and practices all change over time. Contracts depending on their length, value and scope can address such changes through a variety of measures. However it is advisable for the parties to consider at the outset how changes will be managed and in particular who should bear the cost of change. Simply ignoring the likelihood and the implication of change could instigate a contractual dispute.

The Globe case was a complex dispute regarding the design of

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
back-to-top-scroll