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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

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

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

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

When will a wrongful suspension amount to a repudiatory breach of contract?

Herbert Smith Freehills LLP
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United Kingdom
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April 23 2010

In the recent case of Mayhaven v DAB, the English High Court had to consider whether a contractor's wrongful suspension of its works would, as a matter of principle, amount to a repudiatory breach of contract entitling the employer to terminate the contract and sue for damages

Liquidated damages clauses unenforceable as penalties

Herbert Smith Freehills LLP
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United Kingdom
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February 24 2010

In our last newsletter we discussed the basic principles of liquidated damages clauses

Basic principles of liquidated damages

Herbert Smith Freehills LLP
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United Kingdom
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January 22 2010

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