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Nominated subcontractors

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • July 30 2014

International construction contracts often contain provisions which oblige the main contractor to engage a subcontractor that has been pre-selected or is subsequently nominated by or on behalf of the client

Fitness for purpose obligations take precedence over specification

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • June 30 2014

In the recent case in the English High Court of MT Hojgaard v E. ON1, it was held that a fitness for purpose obligation in a construction contract

English High Court affirms basis upon which it will prevent a call being made under an on-demand bond

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • March 3 2014

In our March 2013 newsletter we explained, amongst other things, the characteristics of an "on-demand" (as opposed to a "conditional") bond provided

How to terminate contracts effectively

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • December 19 2013

On 10th October 2013 the Technology & Construction Court, a division of the English High Court, decided the case of SABIC v PLL and SCL. The case

I.Chem.E international forms of contract

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • May 30 2013

The Institution of Chemical Engineers' ("I.Chem.E") forms of contract have been issued since 1968 for domestic UK use and in 2007 were revised and

Retention of title clauses

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • February 28 2013

It is common in construction projects for goods and materials to be present on site before incorporation in the Works and sometimes quite large

Unilateral jurisdiction clauses may not always be effective

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • February 12 2013

Dispute resolution clauses that give one party the right to choose where disputes will be resolved are not uncommon, particularly in finance

Arbitration in England: major court decisions of 20112012

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • November 5 2012

This newsletter provides a snapshot of some of the key English judgments of 2011 and 2012 of interest to those involved, or potentially involved, in international arbitrations seated in London and therefore procedurally governed by English law

A significant new decision: Walter Lilly v Mackay July 2012

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • August 31 2012

In a major judgment published on 11 July 2012, Walter Lilly v. Mackay, Mr Justice Akenhead, the judge in charge of the Technology and Construction Court in London ("TCC") has given guidance on a number of important issues in construction law

Limiting liability

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • May 31 2012

Limitation of liability clauses are an effective tool to transfer, avoid or manage risk under engineering and construction contracts