Posts by Lucy Garrett

  • 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 … Continue reading Relevant event must cause actual delay

  • Construction contracts and construction operations: confusion over exclusion?

    Cases relating to the definition of “construction operations” under section 105 of the Construction Act 1996 often concern adjudication, and not payment. However, whether a contract is a “construction contract” for the purposes of the Construction Act 1996 affects the parties’ payment obligations as well as their right to adjudicate.