Desperate times may call for desperate measures, but think carefully before you cross the line.
There is a temptation to do what is necessary to secure the deal, but make sure what you say is accurate. Continue reading
REUTERS | Alex Domanski
REUTERS | Brian Snyder
May 10, 2011
Increasing uptake of early neutral evaluation (ENE)
Although early neutral evaluation (ENE) in the TCC got off to a slow start, interest in it seems to be increasing. Recently, we have found that more clients are considering ENE as a dispute resolution method and as an alternative, or as an add on, to more traditional methods such as mediation.
REUTERS | Jason Lee
April 26, 2011
Very soon the TCC’s future will arrive
At the construction law and strategies conference on 12 April 2011, several leading lights in construction law gave talks. Among them was Akenhead J, the head of the TCC, who spoke about its history and its future. Akenhead J regularly talks to the construction industry. He is always keen to emphasise that, as a wholly High Court institution, the TCC is thriving, with five full time High Court Judges and a sixth being sought.
REUTERS | Mike Blake
The long awaited James review has finally been published. Led by Sebastian James (a director at electrical retailer Dixons), the review panel was tasked with considering the Department for Education’s (DfE) existing capital expenditure and making recommendations for future delivery models for capital investment in schools.
There is a lot at stake given that, even with well publicised cuts, the budget for capital expenditure in schools is £15 billion over the next four years. Continue reading
REUTERS | Paulo Whitaker
April 15, 2011
Relevant event must cause actual delay
In Adyard Abu Dhabi v SDS Marine Services, the Commercial Court had to determine whether SDS could rescind two shipbuilding contracts and reclaim the sums it had paid to Adyard. Adyard had commenced proceedings, arguing that SDS could not rescind, as SDS had caused delays to the project.
Adyard cited the prevention principle: the principle that SDS could not rely on the consequences of its own default, when rescinding the contracts. The court found against Adyard in that respect, but went to look at whether Adyard had proved that SDS caused the delay to the project in any event. In doing so, the court considered the judgments of Lord Carloway and Lord Osborne in the Scottish appellate decision in City Inn v Shepherd. This post focuses on those causation issues.
REUTERS | Navesh Chitrakar
April 13, 2011
Performance bonds: check your expiry dates
The recent TCC case of Simon Carves Ltd v Ensus UK Ltd underlines the importance of knowing how and when any performance security expires.
REUTERS | Amit Dave
April 13, 2011
It’s a choice: your law or mine?
It can be easy to overlook the choice of governing law clause in a contract when negotiating issues which, on the face of it, appear more important, like price or time for delivery. However, the law applicable to the contract can have a considerable impact on:
- Interpretation of the contract.
- Performance obligations.
- Consequences of breach, such as assessment of damages.
- Expiry of obligations, including limitation.
The choice of law for a contract is an important issue in international contracts and one that can present great benefits or unpleasant surprises. Therefore, any contract you enter into should incorporate a clearly drafted governing law clause stating expressly the substantive law that will govern the rights and obligations of the parties to that contract. Continue reading
REUTERS | Eric Thayer
April 5, 2011
Is it open season on experts after Jones v Kaney?
In Jones v Kaney, the Supreme Court changed the law and abolished the rule that gave experts immunity from being sued. Why did the Supreme Court change a rule that had existed for over 400 years? Are we now expecting a flood of claims against experts by the “aggressive clients” Lord Hope referred to?
REUTERS | Mike Blake
March 30, 2011
The “not so great” section 108A debate
Over the last couple of weeks Jonathan Cope has looked at what he dubbed “the great section 108A debate”. In one sense this title is very apt – the substandard drafting in new section 108A of the Construction Act 1996 is certainly generating a great deal of debate in the industry. However, I wonder if we should instead call this the “not so great section 108A debate”. Not because the concoction of rhymes in that phrase is a bit of an awkward mouthful, but because it is not so great, in fact it is ridiculous that we even have to have this debate in the first place.
REUTERS | Fabrizio Bensch
For anyone who (like me) is going through the ordeal of domestic building work, the tale of Michael Phillips Architects Ltd v Riklin and another has a painful resonance.
