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Results: 1-10 of 27

Construction of inconsistent contract documents
  • Herbert Smith Freehills LLP
  • United Kingdom
  • September 30 2015

A construction contract typically comprises a set of contract conditions which are accompanied by technical documents such as the employer's


Privy Council rules on FIDIC clauses
  • Herbert Smith Freehills LLP
  • United Kingdom
  • December 2 2015

In this newsletter we report on the recent case of NH International v National Insurance where the Privy Council ruled on the operation of certain


枢密院FIDIC 条項について判断
  • Herbert Smith Freehills LLP
  • United Kingdom
  • December 2 2015

今回のニュースレターでは先般NH International v National Insurance 事件で下された枢密院の判断について取り上げ ますこれはFIDICレッドブック にある幾つかの条項の作用に


Construction newsletter - (number 78)
  • Herbert Smith Freehills LLP
  • United Kingdom
  • August 31 2015

An employer cannot rely upon a contractor's failure to comply with a condition precedent for commencing arbitration, if the employer's action caused


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


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


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


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


Excluding liability for consequential loss and loss of profits
  • Herbert Smith Freehills LLP
  • United Kingdom
  • May 15 2009

In construction and engineering projects, the financial consequences of a breach of contract may be considerable in the worst case an employer may suffer extensive losses, including loss of profits, loss of business and loss of revenue