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Results: 11-20 of 27

Contractual notices: defeating the prevention principle
  • Herbert Smith Freehills LLP
  • United Kingdom
  • September 15 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


Direct or indirect loss?
  • Herbert Smith Freehills LLP
  • United Kingdom
  • September 30 2011

Construction contracts often contain a provision excluding liability for indirect and consequential loss, but the distinction between direct loss and indirectconsequential loss can be a confusing one


Recovering wasted management costs
  • Herbert Smith Freehills LLP
  • United Kingdom
  • February 29 2012

Significant management costs can be incurred when one party is required to reorganize internal resources or divert staff from their usual activities in order to investigate, manage and mitigate the effects of the other party's breach of contract


Letters of intent recent cases
  • Herbert Smith Freehills LLP
  • United Kingdom
  • November 30 2010

Letters of intent often form the foundation for construction works, but they also often form the basis for disputes


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


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


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


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


Performance bonds, liquidated damages and FIDIC Yellow Book clause 2.5
  • Herbert Smith Freehills LLP
  • United Kingdom
  • May 31 2016

A recent case in the English High Court reaffirms that the courts will rarely intervene to prevent a beneficiary from calling on an ondemand bond


イングランド最高裁判所違約罰条項と損害賠償予定額の 執行可能性について重要な判決を下す
  • Herbert Smith Freehills LLP
  • United Kingdom
  • February 29 2016

イングランド最高裁判所は先般の Cavendish Square Holding BV v Talal El Makdessi 事件 および ParkingEye Limited v Beavis 事件2015 UKSC 67判決においてイ