- May 1, 2019
Re-baselining construction projects: drawing a line in the sand
As construction disputes lawyers, we see our fair share of settlement agreements. And not just the traditional full and final settlements, but also one page final account settlements, and “line in the sand” agreements in which the parties seek to renegotiate elements of the contract while it is in progress. These “line in the sand” … Continue reading Re-baselining construction projects: drawing a line in the sand →
- October 11, 2017
Another “nail in the coffin” for the prevention principle?
On the face of it, the judgment in North Midland Building Ltd v Cyden Homes Ltd is one to which you might say “so what”? The parties agreed in their contract to disregard the effect of any concurrent delay in assessing the contractor’s entitlement to an extension of time. Surprise surprise, the court gave effect … Continue reading Another “nail in the coffin” for the prevention principle? →
- May 17, 2017
Compulsory electronic working in the Rolls Building: time to reflect
It has been almost a month since electronic working became compulsory for professional users of the Rolls Building courts, soon to be called the Business and Property Courts, which Paul Darling OBE QC discusses this week. This has come as a shock to many people, although we have been using the scheme for nearly two years … Continue reading Compulsory electronic working in the Rolls Building: time to reflect →
- December 4, 2013
Penalty clauses: genuine pre-estimate of loss versus commercial justification
In April this year I looked at the “new test” (set out in Cavendish Square Holdings BV and another v El Makdessi) for determining whether or not a contractual provision is a penalty. Last week, the Court of Appeal overturned the decision at first instance, and struck out the relevant clauses as penalties. In doing so, … Continue reading Penalty clauses: genuine pre-estimate of loss versus commercial justification →
- April 10, 2013
Penalty clauses: does the punishment fit the crime?
I recently advised on the question of whether a liquidated damages clause was a penalty. My attention was drawn to the recent case of Cavendish Square Holdings BV and another v El Makdessi. You may not have come across this judgment, as it is not a construction case, and does not concern liquidated damages. Rather, the … Continue reading Penalty clauses: does the punishment fit the crime? →
- May 22, 2012
Being certain in your endeavours
When negotiating commercial contracts, parties are often preoccupied with what level of obligation to accept, whether this is “reasonable endeavours”, “best endeavours” or some other standard. Alternatively, they use such terms as some sort of compromise wording where they can’t quite agree or identify what is actually required. Importantly, they often neglect to consider the … Continue reading Being certain in your endeavours →
- 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, … Continue reading Termination or repudiation: that is the question →
- November 11, 2008
“Adj-Med”: a new and improved form of ADR?
What is “Adj-Med”? In their blog posted on 29 October, PLC Construction referred to the new adjudication rules launched by CEDR Solve. These provide that, once the adjudicator reaches a decision, he may invite the parties to take part in a mediation. He does not reveal his decision to the parties, unless the mediation is … Continue reading “Adj-Med”: a new and improved form of ADR? →