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Top 5 construction cases 2012
  • Norton Rose Fulbright Australia
  • Australia
  • December 20 2012

There were many noteworthy cases handed down in 2012, however we focused on those which have the most interest and practical relevance to our clients

Construction of contracts: priority of documents
  • Norton Rose Fulbright LLP
  • United Kingdom
  • February 22 2010

In the following case, the court had to consider the construction of a contract, and in particular the effect of a clause concerning the priority of documents, in order to determine which of two conflicting provisions relating to the payment mechanism was to prevail

Frustration, breach of contract and repudiation
  • Norton Rose Fulbright LLP
  • United Kingdom
  • May 25 2010

In the following case, which was bought before the courts by way of a summary application for judgement, the court had to consider whether the contract between the parties was frustrated so that performance become impossible or whether in fact one or other of the parties had wrongfully repudiated the contract

Mergers and acquisitions: the “failing firm” defence - recent merger decisions by the European Commission and UK competition authorities indicate a more sympathetic approach to acquisitions of companies in financial difficulty
  • Norton Rose Fulbright LLP
  • European Union, United Kingdom
  • January 20 2014

The "failing firm" defence applies in the context of competition authorities scrutinizing mergers and acquisitions - that is, merger control - where

JCT contract: the effect of a settlement agreement on the final account provisions
  • Norton Rose Fulbright LLP
  • United Kingdom
  • January 27 2010

The two main issues before the court were whether the settlement agreement which the parties entered into post practical completion in relation to the final account was intended to replace the contractual final account procedure in clause 30 of the JCT standard form of contract and if so, whether the settlement agreement between the parties amounted to a full and final settlement of all claims and cross-claims arising between the parties

Negligence: a consultant's duty of care in tort for economic losses
  • Norton Rose Fulbright LLP
  • United Kingdom
  • August 29 2008

When will a consultant owe a design and build contractor (with whom it has no contractual relationship) a duty of care in tort during the tendering period, to avoid causing the contractor economic loss?

Liquidated damages provisions
  • Norton Rose Fulbright LLP
  • United Kingdom
  • April 24 2007

In Temloc Ltd v Errill Properties Ltd (1987) 39 BLR 30, the parties had inserted a rate of “£nil” in the Appendix of the contract, in relation to clause 24 (the provision for liquidated damages in the JCT form of contract

Construction Act: meaning of “residential occupier”
  • Norton Rose Fulbright LLP
  • United Kingdom
  • June 30 2009

The following case is of general interest to those involved in construction adjudication

Ten things to do if sued in the United States or Canada
  • Norton Rose Fulbright LLP
  • Canada, USA
  • October 16 2014

When conducting business abroad, most enterprises, businesspeople and investors realize they may be subject to legal action in the jurisdictions

Extension of time provisions and ‘time at large’
  • Norton Rose Fulbright LLP
  • United Kingdom
  • March 29 2007

In the leading case of Peak Construction (Liverpool) Limited v McKinney Foundations 1970 1 BLR 111, the construction contract contained a mechanism for extending the completion date, but this mechanism failed to provide for an extension of time where the contractor was delayed in achieving the completion date due to the fault of the employer