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English Court of Appeal Decision in RTS Flexible Systems is a Reminder of Risks in Commencing Work Under a Letter of Intent



by David J. Howell
Fulbright & Jaworski L.L.P. - London Office

James Rogers
Fulbright & Jaworski L.L.P. - London Office

June 29, 2009

It is not uncommon for parties in construction projects to commence work under a letter of intent, pending the negotiation and execution of a full written contract which sets out the detailed terms and conditions governing contract performance. Construction projects are often time and cost sensitive. For example, in the case of a design and build contract a contractor may wish to commence design and procurement tasks immediately upon the award of a project but before a final written contract has been negotiated and executed.


 

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