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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
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
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
Court considers enforceability of DAB decisions made under FIDIC Red Book
- Herbert Smith Freehills LLP
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- Singapore
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- 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
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
AJU v AJT 2011 SGCA 41
- Herbert Smith Freehills LLP
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- Singapore
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- October 31 2011
The Singapore Court of Appeal has reaffirmed that the public policy ground for challenging an arbitral award will be interpreted very narrowly by the Singapore courts, overturning a previous High Court decision
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
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
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- Workarea - Construction
- Workarea - Litigation
- Author - Peter Godwin