Interpreting Contracts: The Need for Clear Words

The principles governing the interpretation of contracts have been the subject of several recent cases in the Supreme Court and whilst those principles may now be settled it is clear that the application of them is far from simple. In […]

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Exclusion Clauses: Incorporation and Reasonableness

In our article in May 2017 we considered the case of Goodlife Foods Limited (“Goodlife”) v Hall Fire Protection Limited (“Hall”) which concerned a widely drafted exclusion clause. In a unanimous decision, the Court of Appeal has now upheld that […]

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Contractor’s Liability for Design

Contractor’s Liability for Design In SSE Generation Ltd (“SSE”) v Hochtief Solutions AG (“Hochtief”) the Inner House of the Court of Session in Scotland considered the liability arising out of the collapse of a tunnel at a hydro-electric scheme. Although […]

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Adjudication, Enforcement, Payment and Winding-Up Petitions

Adjudication, Enforcement, Payment and Winding-Up Petitions This update considers the case of Victory House General Partner Limited, Re a Company [2018] EWHC 1143 (Ch), in which an application to restrain a winding-up petition was made following an un-paid, and enforced, […]

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Getting Paid – 10 Common Questions

Securing payment on time is crucial to survival in the construction industry. In this article, we answer 10 common questions about securing payment. 1. What can I do if the final date for payment passes and payment is not made? […]

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Adverse Weather Conditions

What are your contractual rights when adverse weather delays your works? How can you maximise your entitlement to additional time and cost? It is almost inevitable that adverse weather conditions will affect the progress of construction projects during the winter. […]

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