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International Commercial Disputes - The Principle of Futility in Contractual Construction
  • Squire Patton Boggs
  • United Kingdom
  • April 10 2017

The Honourable Justice Leggatt: "There is, in my opinion, no principle of law or even interpretive presumption which enables a contractual

The limits of good faith
  • Herbert Smith Freehills LLP
  • United Kingdom
  • April 3 2017

The NEC Form of Contract is now in wide use in construction projects. The first clause says that the parties "shall act as stated in this contract

Contract rectification is the last resort
  • Burges Salmon LLP
  • United Kingdom
  • March 30 2017

The Technology and Construction Court (TCC) judgment in The Council of the Borough of Milton Keynes v Viridor is a salutary lesson in getting your

Commercial Contracts Bulletin - March 2017
  • CMS Cameron McKenna
  • European Union, United Kingdom
  • March 27 2017

In the recent case of Irish Bank Resolution Corp Ltd (In Special Liquidation) v Camden Market Holdings Corp 2017 EWCA Civ 7, the Court of Appeal

No Need to Look Beyond Natural Meaning in Liability Clause Interpretation, Rules High Court
  • Veale Wasbrough Vizards
  • United Kingdom
  • March 22 2017

One of the key clauses in any commercial contract is the limitation of liability clause. This seeks to protect the parties - often the supplier -

Mutual trust and co-operation under the NEC
  • CMS Cameron McKenna
  • United Kingdom
  • March 20 2017

A recent judgment of the TCC has provided further insight as the scope of the obligation to act in “the spirit of mutual trust and co-operation”

Court of Appeal confirms the conventional operation of extension of time provisions
  • White & Case LLP
  • United Kingdom
  • February 21 2017

The Court of Appeal in Carillion Construction Limited v EMCOR Engineering Services Limited 2017 EWCA Civ 65 has confirmed that the industry-wide

Fraud and Performance Securities
  • White & Case LLP
  • United Kingdom
  • February 15 2017

Performance securities are an everyday feature of construction and engineering projects. It is increasingly common to see calls on performance

How effective are ‘anti-oral variation’ clauses?
  • EdwinCoe LLP
  • European Union, United Kingdom
  • February 14 2017

As the UK moves closer and closer to the triggering of Article 50, the impacts of Brexit on the construction industry (including concerns over labour

Negotiations and the conclusion of a contract
  • Ashfords LLP
  • United Kingdom
  • February 10 2017

The High Court has recently given judgment in a case where the parties failed to reach agreement on the terms of a commercial contract. C V Buchan