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A significant new decision: Walter Lilly v Mackay July 2012
- Herbert Smith Freehills LLP
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- United Kingdom
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- 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
Notice requirements in construction contracts a Southeast Asia perspective
- Herbert Smith Freehills LLP
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- Malaysia, Singapore, Vietnam
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- April 26 2012
It is common for construction contracts to require a party to give timely notice of claims to the other
Recovering wasted management costs
- Herbert Smith Freehills LLP
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- United Kingdom
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- 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
AJU v AJT 2011 SGCA 41
- Herbert Smith Freehills LLP
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- Singapore
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- October 31 2011
The Singapore Court of Appeal has reaffirmed that the public policy ground for challenging an arbitral award will be interpreted very narrowly by the Singapore courts, overturning a previous High Court decision
Direct or indirect loss?
- Herbert Smith Freehills LLP
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- United Kingdom
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- 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
Recovering losses incurred in settlement of a third party claim
- Herbert Smith Freehills LLP
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- United Kingdom
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- August 30 2011
Under the usual principles of causation, in order to be successful in its claim before a court or tribunal, the claimant has to demonstrate that there has been a breach of contract and that that breach caused the claimant loss andor damage, and has to prove the quantification of that loss
Concurrent delay an update
- Herbert Smith Freehills LLP
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- United Kingdom
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- July 29 2011
Delay is, of course, a common problem on construction projects worldwide
Letters of intent recent cases
- Herbert Smith Freehills LLP
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- United Kingdom
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- November 30 2010
Letters of intent often form the foundation for construction works, but they also often form the basis for disputes
Court considers enforceability of DAB decisions made under FIDIC Red Book
- Herbert Smith Freehills LLP
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- Singapore
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- October 29 2010
In the recent case of PT Perusahaan Gas Negara (Persero) TBK v CRW Joint Operation 2010 SGHC 202, the Singapore Court considered and set aside a decision of an Arbitral Tribunal ordering PGN to pay CRW US$17m in respect of an award made by a DAB
The City Inn decision a common sense approach to concurrent delays?
- Herbert Smith Freehills LLP
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- United Kingdom
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- August 30 2010
On 22 July, the Scottish Inner House (appeal court) in City Inn v Shepherd Construction handed down a significant judgment on an important issue relating to the assessment of concurrent delays in awarding extensions of time
