- September 21, 2020
Global Water Associates: applying Hadley v Baxendale
From time to time, those seminal cases we all studied during the early parts of our career pop up in practice. We’re all familiar with them: the snail in the bottle in Donoghue v Stevenson; the spurious sounding flu remedy in Carlill v Carbolic Smoke Ball Co — the list goes on. Of these key … Continue reading Global Water Associates: applying Hadley v Baxendale →
- June 26, 2019
Sitol v Finegold: NEC3 adjudication time bar applied
The idiom “all duck or no dinner“, if you’re not familiar with it, means “all or nothing“. I once worked for a partner that was quite fond of using it, particularly in the context of limitation periods and time bars: if you’re in time, your clients will usually have a smorgasbord of dispute resolution options … Continue reading Sitol v Finegold: NEC3 adjudication time bar applied →
- July 4, 2018
The costly business of ignoring interim assessments and agreed valuations: ICI v Merit Merrell Technology
Valuing a contractor’s work on a complex project is rarely an easy task. During the works, parties to a construction contract commonly devote significant resources to ensuring that the work is properly valued. These valuations are often carried out by people with close knowledge of the project, and under the NEC form of contract certified … Continue reading The costly business of ignoring interim assessments and agreed valuations: ICI v Merit Merrell Technology →