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Contract drafting: Court of Appeal decision on incorporation of terms of contract and contract interpretation
  • Eversheds LLP
  • United Kingdom
  • August 14 2015

The importance of clearly setting out the requirements of each party in a formal contract has been emphasised in the recent case of Carbon Smart Ltd

Gross negligence in construction contracts - law and practice
  • Eversheds LLP
  • United Kingdom
  • February 2 2015

The starting point has remained the same for almost 200 years: the tort of gross negligence is not a concept that is recognised by English law

Good faith obligations under NEC3
  • Holman Fenwick Willan LLP
  • United Kingdom
  • December 1 2014

Parties to NEC3 contracts must act in a spirit of mutual trust and co-operation. We consider what that means under English law and in other

A summary of major developments in key areas - general counsel update - July 2014
  • Herbert Smith Freehills LLP
  • Australia, European Union, Hong Kong, United Kingdom
  • July 15 2014

Legislation, in the form of a Regulation and Directive, has been published in the Official Journal of the European Union which will substantially

Parent Company Guarantees - is there an alternative?
  • Fenwick Elliott Solicitors
  • United Kingdom
  • September 27 2013

Parent company guarantees are a common feature of construction and engineering projects. Their purpose is simple: to provide one party with security

A summary of major developments in key areas - General Counsel update - May 2014
  • Herbert Smith Freehills LLP
  • Australia, European Union, Germany, United Kingdom
  • May 23 2014

Scottish independence referendum - The referendum will take place on 18 September 2014. Scottish independence raises many complex legal and political

General Counsel update - legal guide edition 32
  • Herbert Smith Freehills LLP
  • Singapore, United Kingdom, Australia, China, Hong Kong, Indonesia, Myanmar
  • November 29 2012

A summary of major developments in key areas

Recovering wasted management costs
  • Herbert Smith Freehills LLP
  • United Kingdom
  • February 29 2012

Significant management costs can be incurred when one party is required to reorganize internal resources or divert staff from their usual activities in order to investigate, manage and mitigate the effects of the other party's breach of contract

Construction programme - contractually binding?
  • Mayer Brown LLP
  • United Kingdom
  • July 29 2015

Two programme documents of a main contractor were included in documents attached to an executed subcontract for steelwork and cladding. A Scottish

International quarterly - issue 12, 2014
  • Fenwick Elliott Solicitors
  • Global, United Kingdom
  • December 24 2014

Of all the provisions to be found in the FIDIC form, those of clause 20 have attracted by far the most comment. One of the potential hurdles that