Interpreting Indirect and Consequential Loss Exclusion Clauses

Traditionally, the English courts have applied a very narrow interpretation to indirect loss and expense exclusion clauses. In the recent case of 2 Entertain Video Ltd (“2E”) v Sony DADC Europe Ltd (“Sony”), the TCC has considered whether a more […]

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COVID-19 – Construction Contract Providers JCT, NEC and FIDIC Publish User Guidance

Since the COVD-19 outbreak began, we at Hawkswell Kilvington have endeavoured to alleviate pressure on our clients by providing written updates in relation to the impact of COVID-19 on construction contracts, providing free webinars on issues we believe are key […]

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Ascertaining Damages under an ABI-Type Performance Guarantees

In the recent case of Yuanda (UK) Company Ltd v Multiplex Construction Europe Ltd and another, the TCC considered the operation of ABI-type performance guarantees and the requirements for making valid demands under such instruments. Background In July 2014, the […]

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Can Works be Omitted from a Construction Contract?

There is no common law right for an employer to omit work from a contractor’s scope of works, yet an “omissions clause” is a common feature of many construction contracts. In this bulletin, we consider the key principles underlying such […]

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Can an employer be liable for an employees’ data protection breach? Guidance from the UK Supreme Court

Can an employer be held to be vicariously liable for unauthorised breaches of the Data Protection Act 1998 (the “DPA 1998”) committed by an employee? The UK Supreme Court sets the record straight in a case where Wm Morrison Supermarkets […]

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COVID-19 and Future Construction Contracts – How Can You Minimise the Risk?

Whilst no one yet knows the full extent of the potential implications of COVID-19 on the construction industry, it is now inevitable that almost all construction companies are going to be affected in some way. Contractors are likely to be […]

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Planning for COVID-19 Site Closures

At the date of writing, the official advice from Robert Jenrick, the Secretary of State for Housing, Communities and Local Government, is that individuals working on construction sites can continue to do so but must follow Public Health England’s guidance […]

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COVID-19 or “Coronavirus” – Force Majeure, Frustration and Cash-Flow Considerations

Earlier this month we published a bulletin considering the potential implications of COVID-19 on construction companies and how to mitigate them. Since then, the Government has advised widespread social distancing and self-isolation; including the recommendation that entire households should self-isolate […]

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Hybrid Construction Contracts: Guidance from the Court of Appeal

In the recent case of C Spencer Limited v MW High Tech Projects UK Limited, the Court of Appeal considered whether, in the case of a hybrid contract (one which provides for both “construction operations” and “non-construction operations” within the […]

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Indemnity Costs Orders – Guidance from the Court of Appeal

In the case of Lejonvarn v Burgess & Anr the Court of Appeal considered whether a claimant’s conduct during litigation, including its “haphazard and spray gun” case, justified an award for indemnity costs to the defendant. Background The defendant, an […]

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