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Results: 1-10 of 26

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


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


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


Concurrent delay an update
  • Herbert Smith Freehills LLP
  • United Kingdom
  • July 29 2011

Delay is, of course, a common problem on construction projects worldwide


Basic principles of liquidated damages
  • Herbert Smith Freehills LLP
  • United Kingdom
  • January 22 2010

In this newsletter we explore some of the important principles behind liquidated damages under English law


Is the credit crunch an event of force majeure or frustration?
  • Herbert Smith Freehills LLP
  • United Kingdom
  • November 30 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