The cost of construction materials has risen like never before. This, in turn, creates pressure for parties to use cost estimates and budgets rather than "fixed price" contracts. Providing cost estimates can therefore be...more
Outside of the United States, claims for constructive acceleration usually fail. However, in a recent Australian case such a claim succeeded. Does this now open the way for contractors to deploy constructive acceleration...more
"Extend or pay" provisions are sometimes used in construction performance bonds and bank guarantees as a way of ensuring that performance security is provided for the period it is needed. Can a beneficiary be stopped from...more
Contractors' extension of time (EOT) entitlements and associated financial rights are always to be assessed pursuant to the applicable contract mechanism. A recurring question is whether EOT entitlements are to be determined...more
Does a liquidated damages clause which has been found to be void and / or unenforceable nevertheless operate to limit a contractor's liability for general damages for delay? This issue was decided in two recent cases – one...more
A recent Scottish case considers the contractual power to omit works and highlights key principles applicable to the question of whether omitted works can be transferred to another contractor -
The descoping or omission of...more
When does title to goods transfer from a contractor to an employer? This can be a critical issue, especially when a party to a project has become insolvent. A recent English case considered this issue, and the application of...more
1/16/2020
/ Certification Requirements ,
Conditions of Payment ,
Construction Contracts ,
Contract Terms ,
Contractors ,
Employer Liability Issues ,
FIDIC Contracts ,
Goods or Services ,
Insolvency ,
Legal Title ,
Ownership Interest ,
Subcontractors ,
Transfer of Title ,
UK ,
Vesting
Practical completion represents the physical completion of works on construction projects. Despite its importance, it is not a legal term of art, and whether or not practical completion has been achieved requires...more
4/6/2019
/ Appeals ,
Breach of Contract ,
Certification Requirements ,
Construction Contracts ,
Construction Project ,
Contract Terms ,
Contractors ,
Dismissals ,
Landlords ,
Material Defects ,
Practical Completion ,
Property Owners ,
Student Housing ,
Tenants ,
UK
In a noteworthy decision to participants in the energy industry, the High Court of England & Wales examined what constitutes a valid liquidated damages clause in the event of delayed completion of a solar project. And last...more
1/12/2019
/ Construction Project ,
Contract Terms ,
Contractors ,
Delay Claims ,
Employer Liability Issues ,
Energy Projects ,
International Litigation ,
Late Payments ,
Liquidated Damages ,
Liquidation ,
Pay-For-Delay ,
Penalties ,
Power Plants ,
Remedies ,
Renewable Energy ,
Singapore ,
Solar Energy ,
UK