- March 20, 2019
Can liquidated damages be claimed after termination? Wrong question!
Imagine this: a contractor undertakes to perform certain works by a specified date, and agrees to pay liquidated damages (LDs) if it does not complete by that date (subject to any entitlement to an extension of time). The contractor, through its own fault, is late and does not complete by the specified date. In fact, … Continue reading Can liquidated damages be claimed after termination? Wrong question! →
- January 8, 2019
Do liquidated damages survive termination? (answer in no more than 1000 words)
Whether liquidated damages (LDs) can be claimed after termination is a question which comes up regularly. It is very relevant in the current climate where contracts are often terminated following contractor insolvency. If I were devising a construction law exam paper, this classic question would undoubtedly appear. An unlucky student sitting my imaginary exam paper … Continue reading Do liquidated damages survive termination? (answer in no more than 1000 words) →
- August 8, 2018
Concurrent affairs: North Midland Building Ltd v Cyden Homes
Concurrent delay is something that the courts tell us is exceedingly rare. And yet, it is a subject which can occupy much time when parties are in dispute about entitlement to an extension of time. The Court of Appeal has now considered whether parties to a construction contract can decide how to apportion risk in … Continue reading Concurrent affairs: North Midland Building Ltd v Cyden Homes →
- June 29, 2016
Concurrency and the SCL delay and disruption protocol: all together now
The Society of Construction Law (SCL) has recently issued a consultation draft of the second edition of its Delay and Disruption Protocol (Protocol). The object of the Protocol is to provide guidance on some of the common delay and disruption issues that arise on construction projects. Its stated purpose is to provide a means by … Continue reading Concurrency and the SCL delay and disruption protocol: all together now →
- March 12, 2014
Does the court have to sanction all extensions to the litigation timetable?
We are nearly one year into the Jackson reforms, but it would be fair to say that the full implications of the reforms are still being worked out by the courts. How the changes are operating in practice has generated much debate in the legal press, although much of the coverage has focused on the … Continue reading Does the court have to sanction all extensions to the litigation timetable? →
- February 29, 2012
How can I get out of this contract?
We all know that things change. What seemed like a good idea a few years ago, might now be less appealing. We may all cringe at old photos, at a past hairdo or choice of outfit. The same can apply in a commercial context. Added to that are the likes of continuing financial uncertainty, strikes, bail outs, … Continue reading How can I get out of this contract? →
- 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.
- October 13, 2010
True or false: a liquidated damages clause must be a genuine pre-estimate of loss
False. The recent case of Azimut-Benetti SpA v Darrell Marcus Healey is another example of the courts moving away from the “genuine pre-estimate of loss” test and looking at whether the clause is commercially justifiable.
- March 2, 2010
Hot tubbing with your expert: will it leave you exposed?
The first thing to remember is don’t Google it! But don’t panic either, it’s not as bad as it sounds. “Hot tubbing” or “concurrent evidence”, as it is less scarily known, is a method of giving evidence where both experts (or witnesses of fact) sit in the box together and the tribunal chairs a discussion … Continue reading Hot tubbing with your expert: will it leave you exposed? →
- March 10, 2009
Keeping your insurers onside
The Court of Appeal’s recent judgment in Laker Vent Engineering Limited v Templeton Insurance Limited is a reminder of the importance of being aware of (and complying with) the disclosure and notice requirements of an insurance policy.