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Results: 11-19 of 19

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


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


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


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


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


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


Peter Godwin
  • Herbert Smith Freehills LLP