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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

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

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

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

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

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

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

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

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

Excluding liability for consequential loss and loss of profits

Herbert Smith Freehills LLP
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United Kingdom
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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