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Construction contracts: who bears the risk of obtaining statutory approvals?

In Clin v Walter Lilly & Co Ltd [2018] EWCA Civ 490, the English Court of Appeal held that, in the absence of express provisions, a term should be implied into an amended JCT contract to require the Employer to use "all due...more

Direct enforcement of ADGM Court judgments and arbitration awards into onshore Abu Dhabi

On 11 February 2018, the Abu Dhabi Global Market Courts (ADGM courts) entered into a memorandum of understanding (MoU) with the Abu Dhabi Judicial Department, allowing for the reciprocal enforcement of judgments, decisions,...more

Payment limitation periods for works and services

In the recent case of ICE Architects Ltd v Empowering People Inspiring Communities [2018] EWHC 281 (QB), the English High Court considered whether the wording of the payment provisions in a contract rebutted the presumption...more

Setting Aside Certificates for "Manifest Error"

In a judgment delivered last month, the English Court of Appeal considered the circumstances under which completion certificates under a PFI contract could be set aside for "manifest error". The concept of "manifest error"...more

Civil Liability of Arbitrators in the UAE – An Update

The Dubai Court of Cassation in its recent decision in Case 484/2017 has set a new threshold for establishing the liability of arbitrators in civil matters, thereby providing some much needed clarity on this important issue....more

Exercising the Right to Terminate – Why Your Default Notice Matters

The right to terminate a construction contract for reasons such as poor performance is a crucial contractual right. However, if exercising the right to terminate is not carried out in accordance with the contractual notice...more

Judicial Tribunal Renders Further Decisions on the DIFC Courts’ Jurisdiction

The Judicial Tribunal in Dubai has rendered new decisions, continuing to give priority to on-shore Dubai Courts vis-à-vis the offshore DIFC Courts....more

'Time at large' argument unsuccessful where contract contains broad extension of time clause

In the case of Severfield (UK) Ltd v Duro Felguera UK Ltd (No. 2) [2017] EWHC 3066 (TCC), the Technology and Construction Court (TCC) in England and Wales declined to find ‘time at large' under a construction contract where...more

No implied obligation to work with due diligence and expedition

The Singapore Court of Appeal has recently held that there was no implied term of due diligence and expedition in a construction contract. This case aligns the Singaporean approach with that of the English courts....more

Concurrent delay and the 'prevention principle'

In a judgment issued earlier this week, the English High Court considered whether a contract excluding any claim for an extension of time in respect of periods of concurrent delay caused time to be rendered "at large" due to...more

Liquidated damages for sectional completion

In the recent English High Court case of Vinci Construction UK Ltd v. Beumer Group UK Ltd, the court considered whether liquidated damages were enforceable under a construction contract which provided for sectional...more

BIM before the English Courts

In a judgment released in August 2017, the UK High Court granted an interim injunction requiring a Building Information Modelling ("BIM") coordinator to provide access to a common data environment....more

Judicial acceptance of the SCL Delay and Disruption Protocol 2nd Edition

The recent Australian case of Santos Ltd v Fluor Australia Pty Ltd [2017] QSC 153 gives credence to the Society of Construction Law Delay & Disruption Protocol 2nd ed in determining the sufficiency of the plaintiff’s pleaded...more

UK Supreme Court upholds fitness for purpose warranty

Earlier this month the UK Supreme Court in MT Højgaard AS v E.ON Climate and Renewables UK Robin Rigg East Ltd [2017] UKSC 59 held that a contractor had warranted a twenty year service life, via a fitness for purpose...more

The widely anticipated UAE law on arbitration – an end in sight?

By the end of Q4 2017, the United Arab Emirates is expected to enact a new federal arbitration law based on the UNCITRAL Model Law and associated international standards....more

Contract termination: terminating under the contract vs terminating at common law

Contract terminations are often loaded with legal risk, and therefore parties often rely upon as many grounds as possible to justify a termination. A recent English case highlights the risks associated with terminating solely...more

"On demand" performance bonds: no strings attached?

A recent Australian case decided that a claim used as a basis for encashing an "on demand" performance security did not need to be authoritatively determined first....more

NEC4 contracts now published

The NEC has recently published its much anticipated next generation suite of contracts, NEC4. The NEC has chosen the phrase "evolution not revolution" to describe the NEC4 suite. The new suite remains true to the NEC's...more

A strict enforcement of time bar provisions

Time bar provisions are a relatively common feature of construction contracts, but often arouse concern because they are seen to be "harsh". A recent case from Northern Ireland confirms that notwithstanding any "harsh"...more

CAR Insurance: Insuring the Works vs Insuring the Owner's Property

For the purposes of insuring construction and engineering projects, there is a critical and sometimes overlooked distinction between insuring the works carried out under the contract, and insuring the underlying property of...more

Compensation events under NEC3: Prospective vs Retrospective Assessment

The NEC3 suite of contracts contemplates compensation events being assessed at around the time they occur or are instructed, based on the forecasted impact of the event.But if the actual cost or delay arising from an event is...more

Descoping of works: what is the employer entitled to do?

Financial constraints mean that employers are often looking to descope works from major projects. But how feasible is this? A recent case highlights the potential implications for employers who attempt to descope works...more

NEC4 suite of standard form contracts to be released in June

On 22 June 2017, the NEC4 suite of standard form contracts will be officially launched at the NEC Users' Group's Annual Seminar. This new suite will replace the popular NEC3 suite, which was first published back in 2005....more

The new FIDIC White Book for Consultancy Services

FIDIC has recently published the 5th Edition of its Client/Consultant Model Services Agreement (the White Book). The White Book is an important part of the FIDIC suite and is one of the most widely used forms of professional...more

Termination for convenience: What is the contractor entitled to?

Construction contracts often include termination for convenience clauses. Three recent cases highlight the potential financial implications of terminating for convenience....more

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