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Without Prejudice Offer To Settle
"I need a Without Prejudice Offer to Settle for a construction dispute with ABC Contractors Limited regarding project delays and defective works, offering a settlement sum of HKD 2.5 million payable by March 15, 2025, with a requirement for them to complete remedial works by April 2025."
1. Without Prejudice Banner: Clear marking at the top of the letter stating 'WITHOUT PREJUDICE' to ensure privileged status
2. Recipient Details: Full name and address of the recipient, including their legal representatives if applicable
3. Reference Line: Clear reference to the dispute or case number if applicable
4. Dispute Identification: Brief description of the current dispute or proceedings
5. Current Position: Brief summary of the current status of the dispute
6. Settlement Offer: Clear and specific details of the settlement terms being proposed
7. Payment Terms: Specific details about any payments, including amounts, timing, and method
8. Conditions: Any conditions that must be met for the settlement to be effective
9. Deadline: Clear statement of when the offer expires
10. Closing Statement: Standard closing including confirmation of without prejudice nature
1. Confidentiality Statement: Include when the settlement offer should remain confidential
2. Tax Implications: Include when settlement involves significant financial components requiring tax consideration
3. Release Terms: Include when mutual releases are part of the proposed settlement
4. Related Proceedings: Include when there are multiple related proceedings that need to be addressed
5. Third Party Rights: Include when settlement affects rights of third parties
6. Costs Position: Include when legal costs are a significant factor in the settlement
1. Payment Schedule: Detailed breakdown of payment terms if involving installments or multiple payments
2. Release Draft: Draft of the proposed release or settlement agreement that would need to be signed
3. Supporting Documents: Any relevant documents supporting the settlement terms or calculations
4. Settlement Deed Template: Draft of the formal settlement deed if required as part of the acceptance process
Authors
Authorized Representatives
Claim
Confidential Information
Dispute
Effective Date
Legal Proceedings
Offer
Offering Party
Payment Date
Proceedings
Recipient Party
Related Matters
Release
Settlement Amount
Settlement Date
Settlement Payment
Settlement Terms
Subject Matter
Underlying Dispute
Without Prejudice Communication
Settlement Terms
Payment Obligations
Release of Claims
Confidentiality
Time Limit
Acceptance Mechanism
Conditions Precedent
Legal Costs
Tax Implications
Non-Admission of Liability
Entire Agreement
Governing Law
Jurisdiction
Further Assurance
Third Party Rights
Counterparts
Severability
Legal Representation
Binding Effect
Financial Services
Real Estate
Construction
Manufacturing
Professional Services
Retail
Technology
Healthcare
Insurance
Transportation
Energy
Telecommunications
Education
Hospitality
Legal
Compliance
Risk Management
Finance
Executive Leadership
Corporate Affairs
Operations
Commercial
Dispute Resolution
Legal Operations
Legal Counsel
Chief Legal Officer
Litigation Manager
Risk Manager
Chief Executive Officer
Chief Financial Officer
Claims Manager
Compliance Officer
General Counsel
Corporate Secretary
Dispute Resolution Specialist
Settlement Officer
Legal Operations Manager
Business Unit Director
Commercial Manager
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