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Court considers enforceability of DAB decisions made under FIDIC Red Book

  • Herbert Smith Freehills LLP
  • -
  • Singapore
  • -
  • 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

Recovering losses incurred in settlement of a third party claim

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • 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

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

Liquidated damages clauses unenforceable as penalties

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

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

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

Concurrent delay an update

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • July 29 2011

Delay is, of course, a common problem on construction projects worldwide

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

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • 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

Excluding liability for consequential loss and loss of profits

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • May 15 2009

In construction and engineering projects, the financial consequences of a breach of contract may be considerable in the worst case an employer may suffer extensive losses, including loss of profits, loss of business and loss of revenue

Contractual notices: defeating the prevention principle

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • September 15 2009

In last month's Construction Disputes Avoidance Newsletter we considered the operation of the prevention principle, what it means for time to be 'at large' under a construction contract, and how a time at large situation can be avoided by a properly drafted extension of time clause