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Construction Contracts UK Supreme Court

Vinson & Elkins LLP

"Supreme Court Rules Most Collateral Warranties Are Not Construction Contracts" in Abbey Healthcare v Simply [2024] UKSC 23

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On 9 July 2024, the Supreme Court unanimously held that collateral warranties deriving from or reflective of the primary building contract, and merely promising continued construction, are not generally considered agreements...more

BCLP

Abbey Healthcare - A Prompt for Considering Contractual Adjudication in Collateral Warranties?

BCLP on

An article considering the Supreme Court’s decision in Abbey Healthcare, which decided that a typically worded collateral warranty is not a construction contract for the purposes of the Housing Grants, Construction and...more

Pillsbury - Gravel2Gavel Construction & Real...

Point Taken: The UK Supreme Court Finally Confirms the General Law of Liquidated Damages (LDs)

In a long-awaited decision which overturned the Court of Appeal’s ruling in the Triple Point Technology vs PTT Public Company case, the UK Supreme Court confirmed the general law of LDs, which is that—absent clear words to...more

BCLP

Third time lucky: Supreme Court allows recovery of liquidated damages in Triple Point v PTT

BCLP on

Those you of you with an interest in construction law will no doubt have heard of the case of Triple Point v PTT, which concerned whether liquidated damages (LDs) are payable in the event of termination. The first...more

White & Case LLP

Construction Contracts: Liquidated Damages Recoverable for Period Prior to Termination

White & Case LLP on

In Triple Point Technology v PTT, the Supreme Court of the United Kingdom has restored the orthodox position on how termination prior to completion of work affects the operation of a liquidated damages provision. ...more

Akin Gump Strauss Hauer & Feld LLP

Enka v Chubb: The Nuanced Presumptions "Test" on the Law of Arbitration Agreements

The United Kingdom Supreme Court in Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb has now resolved the question: which system of national law governs the validity and scope of an arbitration agreement when the law...more

Hogan Lovells

Force majeure claims in future waves of COVID-19: four key actions

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As countries emerge from lockdown, talk turns to The Return of COVID-19. Here’s how to succeed in future force majeure claims and stop your projects from becoming what sounds like a second-rate horror movie....more

Akin Gump Strauss Hauer & Feld LLP

The English Court of Appeal applies 'but for' test to "Force Majeure Clause" – FIDIC’s "Exceptional Events" now under threat?

International Construction Arbitration has received a shock. Consistent with the leading textbooks, a party seeking to rely on force majeure in a construction contract did not have to show that ‘but for’ the force majeure...more

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