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Results: 11-20 of 26

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


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 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


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


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


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


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


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


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