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Results: 1-10 of 1,983

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


Texas Supreme Court clarifies private nuisance law
  • Norton Rose Fulbright LLP
  • USA
  • August 22 2016

On June 24 2016 the Texas Supreme Court attempted to clarify private nuisance law in Crosstex North Texas Pipeline, LP v Gardiner. In the 54-page


A transaction under the Civil Code of Quebec
  • Norton Rose Fulbright Canada LLP
  • Canada
  • April 8 2013

The Civil Code of Quebec recognizes that parties can, by way of contract, agree to settle a dispute by way of mutual concessions, often known as a


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


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


High Court restores “but for” causation test in negligence cases
  • Norton Rose Fulbright LLP
  • Australia
  • April 6 2010

Adeels Palace Pty Limited (Adeels Palace) operated a restaurant and reception business at Punchbowl in New South Wales


Architects’ duties to inspect the works
  • Norton Rose Fulbright LLP
  • United Kingdom
  • April 24 2007

In the following case, the judge observed that the architect’s inspection role has been the subject of surprisingly few cases


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


Termination under JCT
  • Norton Rose Fulbright LLP
  • United Kingdom
  • March 29 2007

Under the JCT forms of contract, the contractor is entitled to terminate its employment under the contract if (amongst other things) the employer repeats a breach of contract, where the contractor has issued a default notice to the employer in relation to the previous breach