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Results: 1-10 of 36

Court considers enforceability of DAB decisions made under FIDIC Red Book
  • Herbert Smith Freehills LLP
  • Singapore
  • October 29 2010

In the recent case of PT Perusahaan Gas Negara (Persero) TBK v CRW Joint Operation 2010 SGHC 202, the Singapore Court considered and set aside a decision of an Arbitral Tribunal ordering PGN to pay CRW US$17m in respect of an award made by a DAB


Ignore notice requirements at your peril
  • Herbert Smith Freehills LLP
  • United Kingdom
  • April 15 2009

Most construction and engineering contracts require the contractor to give notice to the employer of events or circumstances when they happen as the first step in the process of claiming an extension of time andor additional cost


Recovering losses incurred in settlement of a third party claim
  • Herbert Smith Freehills LLP
  • United Kingdom
  • August 30 2011

Under the usual principles of causation, in order to be successful in its claim before a court or tribunal, the claimant has to demonstrate that there has been a breach of contract and that that breach caused the claimant loss andor damage, and has to prove the quantification of that loss


How to terminate contracts effectively
  • Herbert Smith Freehills LLP
  • United Kingdom
  • December 19 2013

On 10th October 2013 the Technology & Construction Court, a division of the English High Court, decided the case of SABIC v PLL and SCL. The case


Fitness for purpose obligations take precedence over specification
  • Herbert Smith Freehills LLP
  • United Kingdom
  • June 30 2014

In the recent case in the English High Court of MT Hojgaard v E. ON1, it was held that a fitness for purpose obligation in a construction contract


FIDIC dispute adjudication boards: mandatory or optional?
  • Herbert Smith Freehills LLP
  • Global
  • November 28 2014

Two recent cases have provided welcome guidance on the issue of whether or not the FIDIC forms of construction contracts provide that it is mandatory


A significant new decision: Walter Lilly v Mackay July 2012
  • Herbert Smith Freehills LLP
  • United Kingdom
  • August 31 2012

In a major judgment published on 11 July 2012, Walter Lilly v. Mackay, Mr Justice Akenhead, the judge in charge of the Technology and Construction Court in London ("TCC") has given guidance on a number of important issues in construction law


The City Inn decision a common sense approach to concurrent delays?
  • Herbert Smith Freehills LLP
  • United Kingdom
  • August 30 2010

On 22 July, the Scottish Inner House (appeal court) in City Inn v Shepherd Construction handed down a significant judgment on an important issue relating to the assessment of concurrent delays in awarding extensions of time


Liquidated damages clauses unenforceable as penalties
  • Herbert Smith Freehills LLP
  • United Kingdom
  • February 24 2010

In our last newsletter we discussed the basic principles of liquidated damages clauses


When will a wrongful suspension amount to a repudiatory breach of contract?
  • Herbert Smith Freehills LLP
  • United Kingdom
  • April 23 2010

In the recent case of Mayhaven v DAB, the English High Court had to consider whether a contractor's wrongful suspension of its works would, as a matter of principle, amount to a repudiatory breach of contract entitling the employer to terminate the contract and sue for damages