Herbert Smith Freehills LLP | United Kingdom | 30 Sep 2011
Construction contracts often contain a provision excluding liability for indirect and consequential loss, but the distinction between direct loss and indirect/consequential loss can be a confusing one.
Herbert Smith Freehills LLP | United Kingdom | 30 Aug 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 and/or damage, and has to prove the quantification of that loss.
Herbert Smith Freehills LLP | United Kingdom | 30 Aug 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.
Herbert Smith Freehills LLP | United Kingdom | 23 Apr 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.
Herbert Smith Freehills LLP | United Kingdom | 22 Jan 2010
In this newsletter we explore some of the important principles behind liquidated damages under English law.
Herbert Smith Freehills LLP | United Kingdom | 30 Nov 2009
We have received a number of enquiries in recent months about the extent to which contractors can argue that a construction contract should be renegotiated (or even terminated) to take into account the increased cost, or reduced availability, of finance for major projects as a result of the global financial crisis.
Herbert Smith Freehills LLP | United Kingdom | 15 Sep 2009
In last month's Construction Disputes Avoidance Newsletter we considered the operation of the prevention principle, what it means for time to be 'at large' under a construction contract, and how a time at large situation can be avoided by a properly drafted extension of time clause.
Herbert Smith Freehills LLP | United Kingdom | 15 Apr 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 and/or additional cost.