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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

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

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

Portsmouth City Council v Ensign Highways Ltd 2015 EWHC 1969 (TCC)
  • Clyde & Co LLP
  • United Kingdom
  • September 8 2015

In this case, the court found that there was no overriding obligation on the council (PCC) to act in good faith when awarding service points, but

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

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

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

Negotiating a bond or guarantee
  • Fenwick Elliott Solicitors
  • United Kingdom
  • December 23 2011

This month in our sister newsletter Dispatch, we reported on the case of Kookmin Bank v Rainy Sky SA & Others where the Supreme Court preferred the Buyers’ construction of a bond because it was consistent with the commercial purpose of the instrument

Landmark decision of English Supreme Court on penalty clauses and enforceability of liquidated damages
  • Herbert Smith Freehills LLP
  • United Kingdom
  • February 29 2016

In the recent cases of Cavendish Square Holding BV v Talal El Makdessi and ParkingEye Limited v Beavis (2015 UKSC 67), the English Supreme Court