Recitals in construction contracts
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.
[edit] Related articles on Designing Buildings Wiki
Featured articles and news
Download your free guide.
Four new types of prior approval for solar developments
Online Planning Portal application types from 5 September.
Election fails to spark construction industry revival
Contract awards and planning; post election.
Making diversity and inclusion easy for SMEs
The CIOB tool for companies with limited resources.
Sustainable Futures: Redefining Retrofit for Net Zero Living
BSRIA Briefing 2024, initial speakers announced.
Looking back at the UK's first Passivhaus leisure centre
Reflections on St Sidwell’s Point with CIAT.
A-Level results and electrical apprenticeships
Electrical Skills Index highlights areas with skills shortages.
One of the world's more unusual drive-throughs.
A quick introduction.
Hadrian's Wall Path and the national trails
The trails are heritage assets in their own right.
Articles on timely advice and hydraulic lime.
Building Designers Association of Australia
CIAT and BDAA sign Memorandum of Understanding.
Built Environment Inclusive partners issue statement committed to inclusion.
Building regulation requirements can have unintended consequences.
CIOB announces 2024/25 vice president
Sustainability champion Professor Saul Humphrey.
Accelerating towards a net-zero built environment.