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Results: 1-10 of 125

The prevention principle, time at large and extension of time clauses

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • August 21 2009

Most construction and engineering contracts require the contractor to complete the works by a specified date failing which the employer will be entitled to recover liquidated damages for delay at the rate stated in the contract

Back-to-back contracts

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • April 15 2011

Back-to-back agreements, by which a main contractor seeks to pass its obligations and liabilities towards the employer through to its subcontractor(s), are becoming an increasingly common feature of construction projects

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

Basic principles of liquidated damages

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • January 22 2010

In this newsletter we explore some of the important principles behind liquidated damages under English law

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."

The enforceability of dispute board decisions

  • Herbert Smith Freehills LLP
  • -
  • Global
  • -
  • April 26 2013

Many standard form international contracts specifically, the FIDIC suite of contracts, NEC3 and ICE Contracts each contemplate the resolution of

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

Notice requirements in construction contracts a Southeast Asia perspective

  • Herbert Smith Freehills LLP
  • -
  • Malaysia, Singapore, Vietnam
  • -
  • April 26 2012

It is common for construction contracts to require a party to give timely notice of claims to the other

Endeavouring to understand endeavours obligations

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • September 3 2010

"Reasonable endeavours", "best endeavours" and "all reasonable endeavours" undertakings are commonly found in all types of commercial contracts and are frequently subject to negotiation

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

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