Many contracts contain a clause in the dispute settlement of the agreement stipulating that the “dominant party” is authorized to recover its legal fees from the other party. The problem is twofold. It is of the utmost importance that professional liability policies do not cover the legal costs that an insured construction professional is required to pay only on the basis of a contractual liability clause such as the existing clause on the parties` legal fees. The following sources are useful in understanding the level of adequacy: some courts have held that the “best efforts” standard imposes a duty on a party to act in good faith in light of its own capabilities.4 To Harbinger F-G, LLC v. FISmidth A/S, the court in the Southern District of New York found that the defendant did not cooperate against a contract that requires the use of the party`s “reasonable best efforts” to obtain the necessary authorizations to enter into a transaction as quickly as possible.5 The defendant cooperated with the plaintiff`s proposals in revised forms, answered questions, concerns and requests for information, and otherwise “all required measures… As soon as possible. On the basis of the defendant`s actual efforts, the court found that he was acting in good faith and that he had made his reasonable efforts. His tribute noted that there are two approaches to requiring the exercise of a contractual right (or contractual obligation) within a reasonable time. The first implies such a term, which is the approach that Bell P seems to follow. Second, it is a matter of treating the exercise only as a matter of contractual interpretation. And what is reasonably necessary? Something is needed, or it is not. What are the reasonable objectives? Here is what I suspect that the author of the fragment cited above tried to say: an amount that is necessary to meet emergency needs, as determined by a reasonable person in the position of the participant.
One can reasonably paraphrase as “in a reasonable/way manner.” But this only works if you use a verb reasonably. If the use is reasonably different from that of a verb, the cartoonists may lose sight of what they are trying to say. 1. The advisor must adopt the appropriate standard of care to terminate the requirements of all applicable written codes, rules and interpretations that are published and effective during the consultant`s services. If these codes, rules or interpretations are changed during the project, which were not reasonably anticipated by the consultant and could not have been expected and result in a substantial change in the building documents, the advisor is not responsible for the additional costs, costs or time arising from them and is entitled to appropriate additional compensation for the time and cost of responding to these changes.