No time to lose! The implied obligation as to time for completion and the perils of failing to progress works expeditiously

In the recent case of Barkby Real Estate Developments Limited v Cornerstone Telecommunications Infrastructure Limited [2022] the Technology and Construction Court (TCC) held a contractor liable to its employer for failing to complete its works within a “reasonable time” pursuant […]

Read More

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 […]

Read More

Enforceability of Liquidated Damages

In the recent case of GPP Big Field LLP & Anor (“GPP”) v Solar EPC Solutions SL (“Solar”) [2018] the Commercial Court considered a number of issues relating to the enforceability of liquidated damages, an issue which commonly arises in […]

Read More

In Breach, But at What Cost? Force Majeure, Causation and Damages

The recent Judgment of the Commercial Court in Classic Maritime Inc. (“CMI”) v Limbungan Makmur SDN BHD & Anor (“Limbungan”) [2018] examines the role of causation when defending a matter on the grounds of force majeure. The Judgment also includes […]

Read More