A key part of the interim payment process in construction projects is the issuing of payment notices by payee and payer alike. Two recent UK cases demonstrate a strict approach being taken by the courts to the validity of...more
Main contractors often make claims against subcontractors for liquidated damages for delay. A question that sometimes arises is whether liquidated damages may be claimed by a main contractor where there is no corresponding...more
8/22/2020
/ Construction Contracts ,
Construction Industry ,
Contract Terms ,
Delay Claims ,
General Contractors ,
Liquidated Damages ,
Loss Allocation ,
No Damage For Delay ,
Singapore ,
Subcontractors ,
UK
A main contractor is often in a difficult position during project disputes, caught in the middle between its liabilities to the employer and its ability to recover those losses from its subcontractors. But, what happens when...more
Amending standard forms of construction and engineering contracts to change the risk level between the parties is a perennial issue. This, however, can lead to disputes due to amendments not clearly reflecting the intention...more
2/28/2020
/ Amended Forms ,
Construction Contracts ,
Construction Industry ,
Contract Terms ,
Engineering ,
FIDIC Contracts ,
General Contractors ,
London Technology and Construction Court (TCC) ,
Public Procurement Policies ,
Risk Allocation ,
Standard Form Contracts ,
UK
Restrictions on a contractor's rights to subcontract works are common across industry forms of contract, and breach of these provisions can have significant consequences for a contractor. In a recent Australian case, the...more
11/11/2019
/ Breach of Contract ,
Construction Contracts ,
Construction Industry ,
FIDIC Contracts ,
General Contractors ,
Non-Assignment Clauses ,
Restrictive Covenants ,
Risk Mitigation ,
Specific Performance ,
Standard Form Contracts ,
Subcontractors ,
UK
In Thio Keng Thay v Sandy Island Pte Ltd [2019] SGHC 175 the High Court of Singapore confirmed that an employer may recover damages for rectifying defects even when it has done so in breach of a contractual defects...more
In a recent case, the Federal Court of Australia confirmed that it will enforce a "no damage for delay" clause, including when delay occurs as a result of a variation under a contract....more
A "global" or "total cost" claim is one in which the damages calculation is derived from the total cost of the work incurred by a contractor, minus the bid amount. Such claims are increasingly used by contractors where...more
3/28/2019
/ Amended Complaints ,
Burden of Proof ,
Construction Contracts ,
Contract Terms ,
Damages ,
General Contractors ,
Lack of Specificity ,
Modification ,
Motion To Strike ,
Pleading Standards ,
Supreme Court of Western Australia ,
Total Cost Claims