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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
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
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
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
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
Ignore notice requirements at your peril
- Herbert Smith Freehills LLP
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- United Kingdom
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- April 15 2009
Most construction and engineering contracts require the contractor to give notice to the employer of events or circumstances when they happen as the first step in the process of claiming an extension of time andor additional cost
Is the credit crunch an event of force majeure or frustration?
- Herbert Smith Freehills LLP
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- United Kingdom
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- November 30 2009
We have received a number of enquiries in recent months about the extent to which contractors can argue that a construction contract should be renegotiated (or even terminated) to take into account the increased cost, or reduced availability, of finance for major projects as a result of the global financial crisis
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
Contractual notices: defeating the prevention principle
- Herbert Smith Freehills LLP
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- United Kingdom
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- 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
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
Current Search
- Workarea - Construction
- Workarea - Litigation
- Author - Peter Godwin
- Author - Dominic Roughton
- Jurisdiction - United Kingdom