- April 26, 2017
Court considers proper construction and enforceability of exclusion clause under UCTA
Goodlife Foods Ltd v Hall Fire Protection Ltd is a decision of HHJ Stephen Davies (sitting as a High Court judge) on a preliminary issue relating to the proper construction and enforceability of an exclusion clause under the Unfair Contract Terms Act 1977 (UCTA). It was also a decision on an application for permission to amend … Continue reading Court considers proper construction and enforceability of exclusion clause under UCTA →
- August 1, 2014
Consequential loss exclusion clauses: the pitfalls
Consequential loss exclusion clauses are very common in commercial contracts, especially in those relating to construction and energy projects. They usually take a similar form to the following, which is from clause 17.6 of the FIDIC Red Book: “Neither Party shall be liable to the other Party for loss of use of any Works, loss … Continue reading Consequential loss exclusion clauses: the pitfalls →
- April 15, 2011
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 →
- May 25, 2010
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.