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Results: 1-10 of 15

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

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

Letters of intent recent cases

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • November 30 2010

Letters of intent often form the foundation for construction works, but they also often form the basis for disputes

Concurrent delay an update

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

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

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

How to terminate contracts effectively

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • December 19 2013

On 10th October 2013 the Technology & Construction Court, a division of the English High Court, decided the case of SABIC v PLL and SCL. The case