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Results: 1-10 of 36

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


Enforcing DAB decisions: the Perusahaan saga continues
  • Herbert Smith Freehills LLP
  • Singapore
  • October 31 2014

The case of PT Perusahaan Gas Negara (Persero) TBK v CRW Joint Operation (Indonesia) 2014 SGHC146 is the latest court ruling in what has become a


English Court of Appeal: The valuation of omitted works should not account for any breach of contract
  • Herbert Smith Freehills LLP
  • United Kingdom
  • August 29 2014

This is the second case between MT Hojgaard AS ("MTH") and E.ON concerning the construction of the Robin Rigg East offshore wind farm in the Solway


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


FIDIC dispute adjudication boards: mandatory or optional?
  • Herbert Smith Freehills LLP
  • Global
  • November 28 2014

Two recent cases have provided welcome guidance on the issue of whether or not the FIDIC forms of construction contracts provide that it is mandatory


建設ニュースレター 第 78 号
  • Herbert Smith Freehills LLP
  • China
  • August 31 2015

仲裁開始の前提条件に関する請負者側の不履行が発注者の 行為に起因している場合発注者はこれに依拠することができ ませんイングランドウェールズ高等法院が 2014 年 12 月


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


Court considers enforceability of DAB decisions made under FIDIC Red Book
  • Herbert Smith Freehills LLP
  • Singapore
  • October 29 2010

In the recent case of PT Perusahaan Gas Negara (Persero) TBK v CRW Joint Operation 2010 SGHC 202, the Singapore Court considered and set aside a decision of an Arbitral Tribunal ordering PGN to pay CRW US$17m in respect of an award made by a DAB


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


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