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Liquidated Damages Contractors Construction Contracts

A&O Shearman

Watts at stake when there's a delay?

A&O Shearman on

The High Court has provided guidance on a contractor’s general right to suspend works, the enforceability of liquidated damages upon termination, and the recoverability of financing costs as part of loss of revenue....more

White & Case LLP

Managing construction risks in Asia-Pacific: Singapore

White & Case LLP on

With a significant and coherent body of case law on construction disputes, Singapore is a hub for resolving many construction disputes across the Asia-Pacific region. Singapore is a vibrant country in Southeast Asia. With...more

Ward and Smith, P.A.

The Accidental Construction Owner: a Checklist of Considerations for HOAs Engaging in Construction

Ward and Smith, P.A. on

Homeowners associations ("HOAs") do not typically act as construction owners. HOAs are set up as entities to maintain and manage planned unit communities. The most important and common role of the HOA is to maintain the...more

Pillsbury - Gravel2Gavel Construction & Real...

Triple Points to the English Court of Appeal for Clarifying the Law on LDs

Can an employer recover liquidated damages (LDs) from a contractor if the contract terminates before the contractor completes the work? Surprisingly, heretofore, English law provided no clear answer to this seemingly...more

Akin Gump Strauss Hauer & Feld LLP

The Court of Appeal in England & Wales Curtails Use of Liquidated Damages for Delay

In international construction arbitration, the use of liquidated damages to address the consequences of failure by a contractor to finish the works by the date set for completion is widespread. Typically, the contractor...more

Akin Gump Strauss Hauer & Feld LLP

Concurrent Delay – Is the English Court of Appeal's Clarification Conclusive?

• The Court of Appeal has held that a clause denying an extension of time to a Contractor if there is concurrent delay is enforceable and is not contrary to the so-called “prevention principle.” • The Court of Appeal...more

Carlton Fields

Drafting A Takeover Agreement

Carlton Fields on

This article discusses the issues an owner, lender, completion contractor, and surety should consider when drafting a takeover agreement. Although each of these four main parties may share the basic goal of seeing the project...more

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