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Transocean appeal: implications for construction contracts
  • CMS Cameron McKenna
  • United Kingdom
  • April 25 2016

Last year we reported on the case of Transcoean Drilling v Providence Resources which decided that an exclusion clause for “loss of use” did not


Limitation and exclusion clauses in construction contracts
  • DWF LLP
  • United Kingdom
  • April 25 2016

When negotiating construction contracts, including building contracts and professional consultant appointments, many parties will seek to exclude or


Consequences and contract law: Transocean Drilling UK v Providence Resources Plc
  • Bond Dickinson LLP
  • United Kingdom
  • April 22 2016

One of the expressions which has caused particular difficulty for English lawyers is "consequential loss", mainly as a result of attempts to define


Remember UCTA when contracting on B2B standard terms
  • Berwin Leighton Paisner LLP
  • United Kingdom
  • April 20 2016

Commercial Management (Investments) Ltd v Mitchell Design and Construct Ltd & Anor 2016 provides a reminder that the UCTA reasonableness test will


Mi-Space (UK) Ltd v. Bridgwater Civil Engineering Ltd
  • Baker & McKenzie
  • United Kingdom
  • April 8 2016

The High Court of England and Wales has confirmed that email communications can constitute a binding agreement under English law, in another example


Termination: giving notice for a repudiatory breach - Vinergy International (PVT) Ltd v Richmond Mercantile Ltd FZC - 2016 EWHC 525 (Comm)
  • Fenwick Elliott Solicitors
  • United Kingdom
  • April 6 2016

As part of an appeal against an arbitration award, Mr Justice Teare had to consider whether Richmond was able to rely on an unhindered common law


U.K. Court’s Latest Statement on Liquidated Damages Clauses and Possible Impact on Canadian Construction Contracts
  • MacPherson Leslie & Tyerman LLP
  • Canada, United Kingdom
  • April 1 2016

Liquidated Damages (LD) clauses are often included in construction contracts as a means of motivating timely project completion. Through an LD clause


Room for interpretation: Section 3 of UCTA revisited
  • Bond Dickinson LLP
  • United Kingdom
  • March 31 2016

The Unfair Contract Terms Act 1977 (UCTA) prevents parties to a contract from excluding liability for certain matters. It does not impose a general


Payment notices and pay less notices: a strict approach continues
  • CMS Cameron McKenna
  • United Kingdom
  • March 24 2016

It has become increasingly common for employers to be faced with so called "smash and grab" adjudications for the full amount of a payment


Lawbite: how well do you know your arbitrator?
  • Eversheds LLP
  • United Kingdom
  • March 21 2016

The claimant, Cofely, brought an application under s 24(1)(a) of the Arbitration Act 1996 for the removal of a well-known construction arbitrator on