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Results: 1-10 of 36

建設ニュースレター 第 78 号
  • Herbert Smith Freehills LLP
  • China
  • August 31 2015

仲裁開始の前提条件に関する請負者側の不履行が発注者の 行為に起因している場合発注者はこれに依拠することができ ませんイングランドウェールズ高等法院が 2014 年 12 月


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


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


English Court of Appeal: The valuation of omitted works should not account for any breach of contract
  • Herbert Smith Freehills LLP
  • United Kingdom
  • August 29 2014

This is the second case between MT Hojgaard AS ("MTH") and E.ON concerning the construction of the Robin Rigg East offshore wind farm in the Solway


Enforcing DAB decisions: the Perusahaan saga continues
  • Herbert Smith Freehills LLP
  • Singapore
  • October 31 2014

The case of PT Perusahaan Gas Negara (Persero) TBK v CRW Joint Operation (Indonesia) 2014 SGHC146 is the latest court ruling in what has become a


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


Notice requirements in construction contracts a Southeast Asia perspective
  • Herbert Smith Freehills LLP
  • Malaysia, Singapore, Vietnam
  • April 26 2012

It is common for construction contracts to require a party to give timely notice of claims to the other


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


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


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