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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


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

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


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


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


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


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


Peter Godwin
  • Herbert Smith Freehills LLP