- February 2, 2022
Construing a parent company guarantee: primary or secondary obligation… or both?
The issue of whether a parent company guarantee (PCG) creates a secondary liability (as opposed to a primary obligation) has been taxing the courts again. Reminder: a true “guarantee” is only ever a secondary obligation, governed by the legal doctrine of surety. It is very different from a primary obligation that arises where an indemnity … Continue reading Construing a parent company guarantee: primary or secondary obligation… or both? →
- January 11, 2022
FIDIC contracts – what’s new for 2022?
The title of my review of the last online FIDIC conference a year ago, FIDIC contracts – a preview of what is to come, now has a somewhat ominous ring to it as for the second year running the International Users’ Conference had to convene online in December 2021 due to the current COVID-19 situation. … Continue reading FIDIC contracts – what’s new for 2022? →
- January 13, 2021
FIDIC contracts – a preview of what is to come
Last month, in what feels like a lifetime ago (when there was no third lockdown or even Tier 4, no new COVID variant and no Brexit deal), I attended the digital FIDIC International Contract Users’ Conference from the comfort of my home. Top marks for effort by the organisers and for the virtual networking possibilities … Continue reading FIDIC contracts – a preview of what is to come →
- January 27, 2020
FIDIC 2017: two years on
Last month I attended the FIDIC International Contract Users’ Conference in London, two years after the formal launch of the 2017 Red, Yellow and Silver Books. I wanted to find out whether anyone was using them and if so, what did they think? In my blog following the 2017 launch, I made some initial observations. … Continue reading FIDIC 2017: two years on →
- June 11, 2019
A missed opportunity – Haberdashers and subrogation
Earlier this year I found myself waiting for the Court of Appeal to bring the next instalment in a series of interesting decisions regarding subrogation claims in insurance disputes (not a contradiction in terms, I promise!), which I and my colleague John have been taking it in turns to blog about (see Joint insurance and … Continue reading A missed opportunity – Haberdashers and subrogation →
- May 31, 2017
Joint insurance and rights of subrogation revisited
A couple of years ago I blogged about the Court of Appeal’s decision in Gard Marine and Energy Ltd v China National Chartering Company Ltd, a rather complicated charterparty case. In that blog I noted that the Court of Appeal agreed with my view that insurance and subrogation can be a tricky business. The Supreme … Continue reading Joint insurance and rights of subrogation revisited →
- December 14, 2016
FIDIC Rainbow Suite: what do the new editions hold in store?
There was a full house at the FIDIC International Contract Users’ Conference 2016 which took place in London on 6 and 7 December 2016. The FIDIC conferences always attract a large international audience. However, this year there was an additional draw; a special pre-release version of the second edition of the FIDIC Yellow Book was unveiled.
- July 12, 2016
No more cold comfort farm: the future looks bright for renewables
A few weeks ago I attended a roundtable discussion with Andrea Leadsom MP, energy minister at the Department of Energy and Climate Change, perhaps better known these days for her dashed Prime Ministerial ambitions. I was interested to hear what comfort Ms Leadsom could provide to renewables investors in view of the unknown political landscape for … Continue reading No more cold comfort farm: the future looks bright for renewables →
- February 25, 2015
Insurance and subrogation
I recently negotiated a contract for the storage and maintenance of high value critical equipment. In the context of insurance solutions we discussed the issue of joint names insurance; whether it was necessary or desirable in the context of our project, whether a waiver of subrogation was required under the contract and how this might affect … Continue reading Insurance and subrogation →
- July 3, 2013
Excluding or limiting liability in commercial contracts: a question of faith?
I was recently negotiating a procurement contract that brought to mind recent cases concerning good faith obligations. It occurred to me that if there is a move towards including express good faith obligations in construction contracts, should we not also consider addressing the consequences of acting in bad faith?
- March 14, 2012
Liquidated damages – fun and games
With the London 2012 Olympics now just around the corner, only time will tell whether the hotly negotiated liquidated damages (LADs) provisions in many “Games-related” contracts will be put to the test. We are involved in a number of projects where the timing of completion is absolutely critical, given the impending Games and the sheer number of … Continue reading Liquidated damages – fun and games →
- September 2, 2009
The construction industry: a dangerous place to work?
The construction industry has an unenviable health and safety record. In the year to 31 March 2009, there were 53 construction site deaths. Although this number was lower than the previous year (when there were 72 deaths), the construction industry remains one of the most dangerous industries to work in.