All posts by James

REUTERS | Jose Miguel Gomez
June 17, 2009

Passing a settlement along the contractual chain

In the recent case of Siemens Building Technologies FE Limited v Supershield Ltd, the TCC considered the circumstances in which a party may settle a claim against it and recoup the amount of that settlement from another party.

This is a common scenario in construction and engineering disputes, which routinely involve a large number of parties, some of whom are “stuck in the middle”, defending claims whilst at the same time seeking to pass on liability to others further down the contractual chain. Continue reading →

REUTERS | Ricardo Moraes
June 3, 2009

PFI interface agreements

In our previous post we outlined the facts in Kent County Council v Robertson Construction Northern Limited and considered the court’s decision on the allocation of availability and performance deductions in PPP/PFI projects. Another interesting aspect of this case is the comments the court made in relation to interface agreements, which are a common feature in projects of this nature.

Continue reading →

REUTERS | Mike Blake
May 12, 2009

Swine flu: contracts and force majeure

This post continues from my thoughts last week. (For more general legal information on pandemic influenza, click here.)

Contracts and clauses

When I first started in the law, force majeure clauses were not discussed at any length in most contract negotiations. However, in recent years (and especially after the foot and mouth crisis of 2001) people have started looking at them in much more detail. Continue reading →

REUTERS | Arnd Wiegmann
May 6, 2009

Swine flu: attitude to risk and contingency planning

I felt a bit rough over the weekend and told my wife that I was a bit concerned as to whether I was a man with swine flu. The rather unhelpful riposte from the Mrs was that I may well have got the words in the wrong order.

We have seen plenty of health scares over the years and it is difficult to know whether this is something transient – people are just being cautious – or something that will have a serious impact.  Let’s hope it’s transient and that the fears of a return (in stronger form) in the autumn turn out to be an abundance of caution. Continue reading →

REUTERS | Eric Thayer
April 28, 2009

Net contribution clauses and UCTA

In my previous post, I outlined the facts in Langstane Housing Association Ltd v Riverside Construction Aberdeen Ltd and considered the judge’s surprising decision on the meaning of “current” when deciding which version of the ACE conditions applied. In this post I look at the judge’s analysis of the net contribution clause in the ACE conditions and the potential application of the Unfair Contract Terms Act 1977 (UCTA).

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REUTERS | Mike Blake
April 22, 2009

Dodgy currency in Scottish case

The decision in Langstane Housing Association Ltd v Riverside Construction Aberdeen Ltd features some highly dubious judicial reasoning and illustrates the extent to which the courts are out of touch with the real world of contract negotiations for major construction projects. Although a Scottish case, its findings will resonate in England and Wales as well.

Continue reading →

REUTERS | Arnd Wiegmann
April 8, 2009

Termination or repudiation: that is the question

Persistent late payment or non-payment of invoices may constitute a repudiatory breach of contract in some situations, but not in others. It is not always easy to spot the difference. In the current economic climate, this has become a common problem. Employers are reluctant to make payments to contractors who are on the brink of insolvency, especially as they are likely to be unsecured creditors in that insolvency. What can or should an employer do in these difficult circumstances?

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