- February 27, 2018
Interpretation of PFI contracts: the long and winding road
Do long-term contracts need to be construed in a particular way? Do contracts that require the parties to work together and cooperate over a period of many years have their own special rules? Do they demand special treatment when it comes to questions of contractual interpretation? Those are some of the questions raised by the … Continue reading Interpretation of PFI contracts: the long and winding road →
- April 11, 2017
Exclusive remedies regimes: how exclusive is “exclusive”?
Trying to find a way around an exclusive remedies clause is a familiar challenge. The contract provides the parties with the right to make certain claims against each other pursuant to a specified process. There is a clause that provides that the right to make claims under the contract constitutes the parties’ sole and exclusive … Continue reading Exclusive remedies regimes: how exclusive is “exclusive”? →
- October 17, 2016
Court of Appeal says you may be running out of time for interim payments
In Balfour Beatty v Grove Developments, the Court of Appeal has upheld, by a majority of 2-1, the TCC’s first instance decision and concluded that the contractor had no right to receive interim payments after the planned date of practical completion. The judgment not only addresses a number of interesting points of contractual construction arising … Continue reading Court of Appeal says you may be running out of time for interim payments →
- April 29, 2016
To read or not to read? Deleted words and departures from standard forms
Two recent decisions have provided a good opportunity to re-examine an old debate. In interpreting contracts, to what extent is it legitimate to look at words that the parties have deleted in order to construe the remaining words?
- September 15, 2015
Court of Appeal guidance on incorporation of terms and limits of the factual matrix
It is comparatively rare that TCC decisions make their way up to the Court of Appeal, so, when they do, the judgments usually contain something of note for the construction practitioner. The judgment in Northrop Grumman Missions Systems Europe Ltd v BAE Systems (Al Diriyah C4I) Ltd is no exception. Although the court itself appeared keen … Continue reading Court of Appeal guidance on incorporation of terms and limits of the factual matrix →