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Results: 1-10 of 30

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

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

Soundbites 26042012

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • April 26 2012

The Royal Institute of Chartered Surveyors (RICS) has confirmed that the eighth edition of the RICS Valuation Professional Standards 2012 (the 'Red Book') is effective from 30 March 2012

Force Majeure clauses: FIDIC, ENAA and drafting bespoke clauses

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • March 30 2012

The term "Force Majeure" originates from the French Code Napoleon (now the Code Civil) which states "There is no place for any damages when, as a result of Force Majeure the debtor has been prevented from... doing that to which he was obliged."

Recovering wasted management costs

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • February 29 2012

Significant management costs can be incurred when one party is required to reorganize internal resources or divert staff from their usual activities in order to investigate, manage and mitigate the effects of the other party's breach of contract

Defects liability in construction projects: understanding the contractor's liability

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

It is an implied contractual term under English law that construction contractors are required to deliver works that meet the description and standard under the construction contract

Remedies for delay in construction contracts

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • November 25 2011

Construction projects often run into delay, whether as a result of contractor default, acts of the employer, or circumstances outside of the control of either party, and claims relating to delay can be extremely complex

New ICC Conditions of Contract

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • October 31 2011

On 1 August 2011, the Association for Consultancy and Engineering and the Civil Engineering Contractors Association jointly issued the Infrastructure Conditions of Contract, a new suite of seven contracts

Direct or indirect loss?

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • September 30 2011

Construction contracts often contain a provision excluding liability for indirect and consequential loss, but the distinction between direct loss and indirectconsequential loss can be a confusing one

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