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NEC 3 and Target Cost Contracts: Defined Costs, Disallowed Costs and Defects
  • Fenwick Elliott Solicitors
  • United Kingdom
  • August 23 2016

In this edition of Insight, we examine the role of Defined Costs and Disallowed Costs in the NEC3 Target Cost Contracts and look at the confusion


Golden Ocean Group Ltd v (1) Salgaocar Mining Industries PVT Ltd (2) Mr Anil V. Salgaocar
  • Fenwick Elliott Solicitors
  • United Kingdom
  • May 18 2011

Parties conducting commercial negotiations by email should be wary of entering into guarantees without meaning to


Accidental guarantees: Golden Ocean Group Limited vs (1) Salgaocar Mining Industries pvt (2) Mr anil V. Salgaocar
  • Fenwick Elliott Solicitors
  • United Kingdom
  • May 3 2011

In this case the Judge considered that an electronic signature block at the end of an email may be sufficient to constitute a signature for the purposes of section four of the Statute of Frauds 1677


Duty of care in tort: James Andrew Robinson vs P.E. Jones
  • Fenwick Elliott Solicitors
  • United Kingdom
  • February 16 2011

In December 1991 Mr Robinson and his wife entered into a contract with P.E. Jones (the contractors) for the purchase of a house then still under construction


Rolf v De Guerin
  • Fenwick Elliott Solicitors
  • United Kingdom
  • March 24 2011

Mrs Rolf entered into a contract with Mr Guerin to build a garage for £34,000 and a loft for £18,000


Barr Ltd v Klin Investment UK Ltd
  • Fenwick Elliott Solicitors
  • United Kingdom
  • October 5 2009

The FactsBarr Ltd ("Barr") entered into a construction contract with Klin Investment UK Ltd ("Klin") for the design and construction of a number of flats in Kilmarnock on 21 February 2005 (the "Contract"


Costs management: to exempt, or not to exempt, that is the question
  • Fenwick Elliott Solicitors
  • United Kingdom
  • October 15 2013

One of the issues that has caused the most discussion, is whether the new costs regime is suitable for the largest cases - a discussion provoked by


Taiwan Scot Co vs Masters Golf Company: penalty or estimate of loss
  • Fenwick Elliott Solicitors
  • United Kingdom
  • September 11 2009

Master Golf Co ("Masters") bought golf clubs from two ranges through their Far Eastern purchasing agents, Taiwan Scott Company ("Taiwan Scott"), for resale in the United Kingdom


Enterprise Managed Services Ltd v Tony McFadden Utilities Ltd 2009 EWHC 3222 (TCC), Mr Justice Coulson
  • Fenwick Elliott Solicitors
  • United Kingdom
  • February 28 2010

On 5 May 1998 Thames Water Utilities Ltd engaged Thames Water Services Ltd, trading as Subterra, to carry out the repair and maintenance of mains, service pipes, and other fittings (the "Main Contract"


Rok Building Ltd v Celtic Composting Systems Ltd (No. 2)
  • Fenwick Elliott Solicitors
  • United Kingdom
  • May 26 2010

In the second adjudication between the parties in relation to the same contract Rok, the subcontractor, argued that it had completed its works on 8 June 2009